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Health Care Reform

Since before the enactment of COBRA, Spencer Fane’s Employee Benefits Group has helped employers comply with the increasing array of federal laws affecting their health plans. Today, that means advising them on the contours of federal health care reform legislation. We work with employers, third-party administrators, and insurers to explain the requirements of these laws, and the opportunities the laws have created. As we approach the full implementation of comprehensive health care reform, we will continue to help clients make the difficult transition to the post-reform era.

We help employers with all of the issues they face under the Affordable Care Act. This includes navigating the “play-or-pay” decision; consulting on ACA-related compliance issues; drafting ACA-related plan amendments, communication materials, and notices; and providing summaries, checklists, flow charts, and other tools for client use in developing an overall health care reform strategy. We also counsel employers on employment-related issues that may arise out of work force adjustments they make in reaction to the ACA (e.g., potential discrimination or ERISA § 510 claims).

We draft and distribute email alerts about significant health care reform developments, typically within 48-72 hours. To date, we have distributed more than 30 alerts, posted nearly 50 articles on our Benefits in BriefSM website, and hosted 10 webinars on health care reform issues. We proactively review new ACA regulations and guidance as it is issued and advise our clients of new developments. Our commitment is to provide clarity and confidence in this complicated area of the law.