The attorneys of Wang Kobayashi Austin, LLC have experience with the compliance requirements and design considerations of all types of health and welfare benefit arrangements. This includes medical plans, Section 125 cafeteria plans and flexible spending accounts, insured and self-funded welfare plans, severance programs, disability plans, adoption assistance programs, education assistance programs, qualified transportation benefits, leave of absence programs, and employee assistance programs.
Our services include:
- Plan Documents. We prepare and review plan documents, including "wrap" plans, and amendments for both design changes and compliance with applicable laws and regulations.
- Disclosure Obligations. We prepare and review summary plan descriptions and summaries of material modifications. We also review benefit booklets for compliance with ERISA and other applicable laws.
- Plan Administration and Compliance. We counsel clients on day-to-day plan administration and compliance issues. We conduct health and welfare plan audits to review compliance with plan documents and applicable laws, including dependent eligibility audits and compliance with group health plan disclosure requirements. We also help clients respond to government audits.
- Fiduciary Obligations. We help clients establish benefit plan committees and provide training to plan fiduciaries on their fiduciary obligations under ERISA.
- Claims Determinations. We advise clients on claims for benefits and appeals of denied claims. We also counsel clients on how to conduct the claims process in accordance with applicable ERISA requirements.
- HIPAA and HITECH Compliance for Group Health Plans. We work with clients to develop and update HIPAA privacy and security policies and procedures. We review business associate agreements. We also advise clients on HIPAA portability and nondiscrimination requirements.
- COBRA Compliance. We advise clients on how to comply with their COBRA obligations. This includes COBRA premium subsidy issues under ARRA and other legislation. We also review COBRA notices and procedures.
- Trainings. We provide trainings for plan sponsors on a variety of topics, including HIPAA and HITECH compliance, fiduciary obligations under ERISA, and claims review and appeal processes.
- Service Provider Agreements. We review and negotiate on your behalf service provider agreements, including agreements relating to third-party administration and insurance.
- Reporting Issues. We prepare submissions under the DOL's Delinquent Filer Voluntary Compliance Program, for late or non-filed Form 5500 annual reports, and any related filings or disclosures.
- Corporate Transactions. We help clients navigate the employee benefit plan considerations that arise from corporate transactions. For more information, click here.