Health and Welfare Plan Administrative Services Agreements: Structuring, Executing, and Monitoring Contracts
Recent Court Cases and Developments; Guidance for Counsel to Employers and Third-Party Service Providers
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will prepare employee benefits counsel to advise employers and third-party service providers on negotiating and drafting administrative services agreements for health and welfare plans. The panel will discuss practical legal and business considerations, ERISA fiduciary issues, critical terms and provisions to minimize liability and risks, and best practices in selecting, contracting, and monitoring third-party providers. The panel will also provide insight into the impact of recent court cases and legislation impacting these agreements and potential risks to employers and service providers.
Outline
- Selecting third-party providers
- Negotiating administrative services agreement terms
- Measuring performance
- Terminating agreements
- Common contracting pitfalls
- Impact of recent court cases and legislation
Benefits
The panel will review these and other key issues:
- What factors should counsel take into account when selecting third-party providers to administer health and welfare benefit plans?
- What key terms should be included in administrative services agreements?
- What are the ERISA-required provisions and disclosures that need to be included in administrative services agreements?
- What is the impact of recent court cases and legislation and what are next steps for counsel?
Faculty
S. Bradley Perkins
Partner
Seyfarth Shaw
Mr. Perkins practices in the areas of employee benefits fiduciary advice, ERISA litigation, and litigation... | Read More
Mr. Perkins practices in the areas of employee benefits fiduciary advice, ERISA litigation, and litigation involving fraudulent and abusive health care providers. He has represented clients in a wide range of ERISA matters in court and in arbitration, including complex class actions and single-plaintiff lawsuits. Mr. Perkins has handled matters involving individual pension and welfare benefit claims, severance pay claims, executive compensation disputes, benefit discrimination, and claims regarding plan design and fiduciary responsibility. In the class action realm, he has defended various types of claims, including claims for benefits and claims for breach of fiduciary duty, including 401(k) fee and proprietary fund litigations.
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Teresa Pofok, Esq.
Shareholder
Tucker Arensberg
Ms. Pofok is an attorney in Tucker Arensberg’s Litigation department. She has nearly three decades of experience... | Read More
Ms. Pofok is an attorney in Tucker Arensberg’s Litigation department. She has nearly three decades of experience in the area of ERISA and employee benefits primarily representing multiemployer benefit plans on health, welfare, retirement, and apprenticeship/training, and benefit issues. Her work includes representing clients in front of government agencies (IRS, DOL, and Pension Guaranty Corporation) and advising them on the issues of legislative compliance such as ERISA claims procedures, the Affordable Care Act, COBRA coverage, retirement plans, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, multiemployer funding legislation, and plan mergers and terminations.
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