ERISA Compliance and Tobacco Cessation Wellness Programs: Recent Litigation and Key Issues for Plan Sponsors
Regulatory Framework, Program Design Considerations, Availability and Alternative Standards, Litigation Tactics, Pitfalls to Avoid
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE webinar will provide ERISA counsel and plan sponsors a detailed analysis of recent litigation involving tobacco cessation wellness programs and ERISA and HIPAA compliance. The panel will discuss tobacco surcharges and wellness program requirements under the Employee Retirement Income Security Act (ERISA), the Affordable Care Act (ACA), and the Health Insurance Portability and Accountability Act (HIPAA), the regulatory framework impacting the design and implementation of tobacco cessation wellness programs, recent class action lawsuits and employer liability, and next steps for plan sponsors and fiduciaries.
Outline
- Regulatory framework
- ERISA
- HIPAA
- ACA
- Program design and implementation
- Recent lawsuits
- Next steps for plan sponsors and fiduciaries
Benefits
The panel will discuss these and other key issues:
- What are the applicable provisions for tobacco wellness programs under federal law?
- What factors must be considered when structuring a tobacco cessation wellness program as part of a group health plan?
- What has been the areas of focus for plaintiffs in recent class action lawsuits?
- What steps must plan sponsors and fiduciaries take to ensure compliance in light of recent lawsuits?
Faculty
Lindsey R. Camp
Partner
Holland & Knight
Ms.Camp is a litigation attorney in Holland & Knight's West Palm Beach and Atlanta offices. She defends... | Read More
Ms.Camp is a litigation attorney in Holland & Knight's West Palm Beach and Atlanta offices. She defends companies, fiduciaries and executives throughout the United States in Employee Retirement Income Security Act of 1974 (ERISA), labor and employment, and business disputes. Ms.Camp has experience litigating complex cases involving ERISA, federal securities laws, federal whistleblower statutes, anti-discrimination laws, trade secrets and business disputes. During the course of her career, she has defended a number of class actions and ERISA breach of fiduciary duty actions. Ms. Camp also has experience with matters involving employee stock ownership plans (ESOPs), 401(k) plans, Consolidated Omnibus Budget Reconciliation Act (COBRA) notices, medical benefit plans, securities fraud, and trade secrets and covenants-not-to-compete. She has significant experience successfully litigating these cases to settlement, summary judgment and verdict. Ms. Camp is a frequent lecturer and writer on a wide range of ESOP, employee benefits, employment- and business-related issues, including ERISA compliance and preemption, and U.S. Department of Labor (DOL) audits and investigations.
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Jennifer S. Kiesewetter
Partner
Fisher & Phillips
Ms. Kiesewetter has more than 24 years of experience advising businesses in ERISA, employee benefits, compensation,... | Read More
Ms. Kiesewetter has more than 24 years of experience advising businesses in ERISA, employee benefits, compensation, fiduciary responsibility, and compliance matters. As a member of the firm’s Employee Benefits and Tax Practice in Nashville, she advises clients on all aspects of employee benefits and executive compensation, including qualified and nonqualified retirement plans, health and welfare benefit plans, cafeteria plans, severance plans, and equity-based compensation plans. Ms. Kiesewetter has advised companies, governmental entities, plan sponsors, plan administrators, human resources professionals, and fiduciaries regarding employee benefit plan compliance (both ERISA and non-ERISA). She also has served as a retirement plan compliance consultant at a national brokerage where she supported both external clients and internal retirement plan advisors and consultants, helping to complement organizations’ benefits, compensation, and overall people programs. Ms. Kiesewetter has also worked with businesses and investors during mergers and acquisitions, focusing on due diligence and compliance related to employee benefit plans, including retirement, health and welfare, and executive compensation plans. Additionally, she has worked on many post-acquisition employee benefit matters, specifically related to plan compliance and correction. Ms. Kiesewetter is a frequent speaker and author on topics including ERISA, employee benefits, retirement plans, health plans, and statutory and regulatory compliance.
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