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, Health Savings Accounts offer employees the ability to pay health care expenses with tax deferred dollars. Voluntary insurance programs allow employers to offer employees access to insurance programs that the employer does not sponsor or contribute to. 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 all ERISA requirements, as well as 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 both 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.
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
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