Welfare Plans

Schiff Hardin attorneys design and prepare health, life, disability, severance, and other employee benefit plan documents required by the Employee Retirement Income Security Act (ERISA). We review documents prepared by insurance companies to ensure compliance with ERISA and to prevent the ambiguities that can lead to litigation. We also review and negotiate contracts with insurance companies, HMOs, third party administrators, business associates, and others to protect the interests of our clients. We design and implement cost-saving and funding mechanisms for clients' welfare benefit programs.

We represent clients in disputes among participants, unions, third-party administrators, insurance companies, and governmental agencies over health and welfare benefit entitlements, from the claims procedure committee level through litigation or alternative dispute resolution.

We advise clients as to the maintenance, funding, and modification of retiree medical benefits. We have redesigned retiree medical programs to control eligibility and implement cost-savings and established tax-exempt trusts and other mechanisms to fund clients' retiree medical obligations.

We design and draft flexible benefit plans for clients that permit employees to pay for the cost of health and life insurance and other similar benefits on a pre-tax basis. Our attorneys also help clients with the day-to-day problems that arise in connection with welfare plans, including issues that arise under the health insurance continuation requirements imposed by COBRA, and we advise clients with respect to the various anti-discrimination rules that apply to welfare plans.

Schiff Hardin has designed and drafted flexible benefits arrangements for many of its clients. The arrangements typically include premium conversion, medical flexible spending account, and dependent care flexible spending account components. We also provide client counseling with regard to the administration of these plans.

We actively monitor legal developments and assist clients in complying with new legislation and regulations. We have prepared plan amendments and notices required under:

The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Mental Health Parity Act of 1996 (MHPA)
The Newborns' and Mothers' Health Protection Act of 1996 (NMHPA)
The Women's Health and Cancer Rights Act of 1998 (WHCRA)
The Health Opportunity Patient Empowerment Act of 2006

Our lawyers have been involved in cutting edge legal work related to consumer driven health plans, and we are assisting clients with the opportunities presented by the Medicare Prescription Drug, Modernization and Improvement Act of 2003 (MMA).