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HSAs, FSA, HRAs, and Voluntary Insurance Programs: ERISA vs. Non-ERISA Compliance

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, January 19, 2022

Recorded event now available

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This CLE video webinar will provide ERISA counsel with a review of the advantages and legal risks of health savings accounts (HSAs), flexible savings accounts (FSAs), health reimbursement arrangements (HRAs), and voluntary insurance programs for both employers and employees, and the impact on them of various COVID legislative and regulatory changes. The program will discuss ERISA compliance requirements for FSAs and HRAs, and how to structure HSAs to avoid falling under the purview of ERISA. They will also discuss the liabilities for employers if their HSA plans are subject to ERISA due to mistakes in plan structure.

Description

In an era of high deductible healthcare plans and increasing premiums and co-payments, employers are increasingly adopting arrangements to help employees with healthcare costs and to remain competitive in recruiting and retaining employees.

For employers with high deductible plans, HSAs offer employees the ability to make pre-tax contributions to pay healthcare expenses and accrue tax-free earnings on the amounts they contribute. Voluntary insurance programs allow employers to provide employees with access to insurance programs that the employer does not sponsor or contribute. Voluntary insurance programs and HSAs are not welfare benefit plans subject to ERISA, assuming the employer limits its involvement consistent with Department of Labor rules.

FSAs and HRAs are employee welfare benefit plans that must comply with ERISA requirements and other laws like HIPAA.

Listen as our authoritative panel of ERISA attorneys guides you through the benefits of HSAs, FSAs, HRAs, and voluntary insurance programs for employers and employees. The panel will discuss ERISA compliance requirements for FSAs and HRAs and how to structure HSAs to avoid falling under the purview of ERISA.

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Outline

  1. HSAs
    1. Department of Labor safe harbor
    2. Permitted restrictions by employer
    3. Prohibited transactions
  2. Contrast with FSAs and HRAs
  3. Voluntary insurance programs and ERISA

Benefits

The panel will review these and other key issues:

  • Structuring HSAs to avoid being subject to ERISA
  • ERISA and IRC compliance requirements for FSAs and HRAs
  • Voluntary insurance programs: the benefits and legal risks for employers while avoiding ERISA

Faculty

Watson, Roberta
Roberta Casper Watson
Partner
The Wagner Law Group

Ms. Watson focuses on ERISA and employee benefits. She concentrates on a wide array of areas including, pension and...  |  Read More

Mindy, Steven
Steven C. (Steve) Mindy
Partner
Katten Muchin Rosenman

Mr. Mindy's practice focuses on employee benefits and ERISA litigation related to health and welfare benefits. He...  |  Read More

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