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  • Health and Welfare Plans

    The Firm advises clients regarding compliance with the rules related to health, welfare and fringe benefit plans.  Our attorneys have extensive knowledge of these varied requirements, including:

    • Internal Revenue Code requirements for health and welfare plans, including taxation issues and reporting requirements
    • ERISA requirements, including the written plan document requirement, summary plan descriptions and claims procedures
    • Patient Protection and Affordable Care Act (PPACA or ACA) compliance
    • Cafeteria plan administration, including special rules applicable to health flexible spending accounts and dependent care flexible spending accounts
    • Notice and coverage requirements under the Consolidated Omnibus Reconciliation Act (“COBRA”), and the California Continuation Benefits Replacement Act, known as Cal-COBRA
    • The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) rules regarding special enrollment, certification and privacy
    • Notice and coverage requirements of the Women’s Health and Cancer Rights Act of 1998 (“WHCRA”) and the Newborns’ and Mothers’ Health Protection Act of 1996 (“NMHPA”)
    • Procedures, disclosures and coverage requirements related to Qualified Medical Child Support Orders (“QMCSOs”)
    • Self-Insured health plan issues
    • Multiple Employer Welfare Arrangement (“MEWA”) issues

    In addition to these extensive compliance requirement, we also assist our clients in the preparation of employee communications, enrollment materials and forms  and other administrative issues related to health and welfare benefits.

    *None of the information or links to information on this website are intended as legal advice, and you should not consider them as such. While you are welcome to contact us through our website, we will not represent you until we have specifically agreed to do so and have taken appropriate steps to determine that doing so will not create a conflict of interest. Unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure. Accordingly, please do not send us any confidential or secret information until we have agreed to represent you. Merely contacting us through this website will not establish an attorney-client relationship. In order to engage us you will need to speak directly to one of our lawyers and sign an engagement letter. By clicking on the link below you acknowledge that you understand and agree that the email you are about to send does not create any attorney-client with Boutwell Fay LLP and that email is not a secured form of communication.

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