ACA Health Plan Compliance: New Employer Mandate, Plan Documentation and Requirements, Fiduciary Responsibilities

Mintz Of Counsel Michelle Capezza copresented a webinar, "ACA Health Plan Compliance: New Employer Mandate, Plan Documentation and Requirements, Fiduciary Responsibilities," hosted by Stafford Publications.

This CLE webinar provided ERISA and employment counsel with the current planning techniques to ensure compliance with the ACA group health plan requirements. The panel explained their experiences and approaches for complex and often-times ambiguous plan issues.

The ACA's coverage mandates apply to individual and group health plans, including self-insured employer-sponsored plans, and affect many aspects of a plan's operation.

An employer's or plan's failure to comply with the ACA mandates may result in significant liability to plan sponsors under ERISA and/or the Code. This liability can take the form of excise taxes, civil penalties or equitable remedies as well as attorney fees. The implementation of the health reform mandates also intensifies government scrutiny of group health plans.

ERISA counsel must understand the impact of the new standards on various employer programs, including group health plans, retiree health coverage and account-based arrangements. Counsel can guide employers on identifying relevant issues and potential problem areas—and cost-effectively achieving compliance with the ACA.

The panel discussed current planning techniques needed to comply with the ACA employer mandate, plan requirements and documentation, and fiduciary responsibility.

Outline

1. Overview of ACA issues
2. Employer mandate
3. Plan requirements
4. Plan documentation and communications
5. Fiduciary responsibility

Topics

• What issues should I address now to be in compliance with the ACA employer mandate on group health plans?
• What planning techniques will effectuate compliance by 2014 deadlines?
• What are the specific requirements for appropriate plan documentation and communication?