Welfare Benefit Plans

Overview

Bricker Graydon Wyatt’s employee benefits attorneys advise employers on the design, administration, and compliance of welfare and fringe benefit plans, including group health plans, life and disability insurance, tuition assistance programs, student loan repayment programs, transportation benefits, and Section 125 cafeteria plans.

Compliance requirements for welfare plans—particularly group health plans—have expanded significantly over the past decade. Our team provides practical, comprehensive guidance to help employers navigate an increasingly complex regulatory landscape. We regularly counsel clients on health and welfare plan design, minimizing penalty exposure under the Affordable Care Act, HIPAA, FMLA, USERRA, and COBRA, and complying with Mental Health Parity and health plan transparency requirements.

Our Welfare Plan Services Include:

Advising employers on ACA compliance, including the employer shared responsibility mandate, penalty exposure, and eligibility and affordability strategies designed to reduce risk
Drafting, updating, and reviewing welfare plan documentation, including Section 125 cafeteria plans, ERISA wrap documents, plan amendments, summary plan descriptions (SPDs), summaries of benefits, and required participant notices
Guiding employers through HIPAA privacy and security compliance, including Notices of Privacy Practices, HIPAA policies and procedures, Business Associate Agreements (BAAs), breach response and mitigation strategies, and privacy and security risk assessments
Representing clients in audits and investigations by the IRS, Department of Labor, and Department of Health and Human Services, including ACA reporting audits, HIPAA enforcement actions, and welfare plan compliance reviews
Advising on health plan coverage and benefit issues for expatriates and globally mobile employees, including compliance considerations for international workforces
Assisting employers with ACA reporting compliance (Forms 1094 and 1095), including operational guidance, vendor coordination, and strategies to mitigate reporting failures
Assisting employers with Mental Health Parity and Addiction Equity Act (MHPAEA) non‑quantitative treatment limitation (NQTL) analyses, including documentation support and regulatory readiness
Advising on compliance with the Consolidated Appropriations Act (CAA) transparency requirements, including machine‑readable files, prescription drug reporting, and related vendor coordination issues

Our attorneys provide clear, practical advice tailored to each client’s workforce, benefit structure, and risk profile—helping employers maintain compliance while administering effective welfare benefit programs.