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2024 Health and Welfare Plan Challenges for Plan Sponsors, Administrators, and Counsel

Impact of New Fiduciary Rule on Plans and HSAs, Health Plan Litigation, Drug Pricing, Transparency Issues, Disclosures, Use of PEOs

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, August 13, 2024

Recorded event now available

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This CLE webinar will provide guidance on all of the above issues. The panel will discuss the impact of the new fiduciary rule for health plans and HSAs, litigation issues, including potential new fiduciary duty claims, prescription drug pricing, transparency issues, litigation updates, and other key issues for health and welfare plan sponsors, administrators, and their counsel.

Description

The legal landscape governing health and welfare plans is rapidly changing. New statutory mandates and regulatory changes from the Department of Labor (DOL) are imposing significant new obligations on Plan sponsors, administrators, and their counsel. At the same time, new litigation risks are on the horizon and the DOL continues to aggressively audit group health and other welfare plans.

For example, the recently passed CAA along with new proposed DOL regulations impose significant new administrative and fiduciary obligations for group health plan sponsors. These include new prohibitions on "gag clauses," new prescription drug reporting obligations, changes to administrative rules regarding who is a "fiduciary" for welfare plans, new service provider disclosures for plan fiduciaries and sponsors to evaluate and consider, and proposed changes to regulations promulgated under the Mental Health Parity and Addiction Equity Act.

New litigation risks appear to be on the horizon as well. Law firms that brought hundreds of lawsuits against 401(k) plans seem poised to raise similar lawsuits against sponsors of group health plans. Ongoing litigation brought by participants in group health plans and their assignees continue without any sign of slowing down. Changes to the Mental Health Parity and Addiction Equity Act could spur litigation as well. And the DOL continues to aggressively audit group health plans, in particular with respect to their compliance with mental health parity laws.

Listen as the panel discusses significant compliance issues for health plan sponsors, the impact of the new fiduciary rule for health plans and HSAs, prescription drug pricing, transparency issues, use of professional employer organizations, and other key issues for health and welfare plan sponsors, administrators, and their counsel.

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Outline

  1. Evaluating legislative changes addressing prescription drug pricing, transparency, and mandated compensation disclosures
  2. Examining recent health plan litigation and steps to minimize claims and liability
  3. RevDOL audit priorities and how to address in advance
  4. Review proposed changes to the Mental Health Parity and Addiction Equity Act, and potential litigation issues arising from the same
  5. Key issues stemming from the new fiduciary rule for health plan sponsors and administrators

Benefits

The panel will discuss these and other key issues:

  • Update on new legislation and regulation regarding prescription drug pricing, transparency, mandated disclosures, and access to care
  • Examining recent health plan litigation and next steps to minimize claims and liability
  • Examining DOL priorities in audits and how to address these issues
  • Proposed changes to DOL regulations governing the Mental Health Parity and Addiction Equity Act, and potential litigation issues arising from the same
  • Key issues stemming from the new fiduciary rule for health plan sponsors and administrators

Faculty

Holly, Andrew
Andrew Holly
Partner
Dorsey & Whitney

Mr. Holly serves as co-chair of Dorsey’s ERISA Litigation Practice Group. He has 20 years' experience...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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