Covington has one of the country’s leading employee benefits and executive compensation practices. We advise some of the world’s largest multinational companies on compensation and benefits matters, including Alcatel-Lucent, Dow Chemical, ExxonMobil, General Electric, Honeywell, IBM, MeadWestvaco, Norfolk Southern, Textron, United Technologies, Verizon, and Xerox. Covington’s employee benefits and executive compensation practice, and individual partners in the practice, are recognized in publications such as Chambers USA; Legal 500 US; The Best Lawyers in America; Human Resource Executive Magazine; Employment Law360; Euromoney’s Expert Guides to the World’s Leading Lawyers; Washington D.C. Super Lawyers; and PLC Which Lawyer.
We have been intimately involved in the development of health reform law, and we continue to work closely with our clients on a wide array of issues that affect their group health plans and their relationships with health care providers, vendors, and administrators. For example, in the last several months we have:
- assisted a number of large employers with their applications for reimbursement under the Early Retiree Reinsurance Program;
- advised governmental entities on a variety of issues affecting health plans for state and local government employees, including the application of amended provisions of the Public Health Service Act and the effect of amendments to the “opt-out” election for self-funded plans;
- advised both governmental and corporate employers concerning the effect of prospective amendments on the “grandfathered” status of their group health plans;
- helped employers restructure their group health plans to take advantage of exemptions for retiree-only plans and excepted benefits;
- advised employers on a number of new health mandates, including the elimination of annual and lifetime limits and the requirement to cover adult children;
- helped employers move their prescription drug coverage for Medicare-eligible retirees from private plans receiving the Medicare retiree drug subsidy to Medicare Part D employer group waiver plans;
- advised employers on compliance with new rules concerning mental health parity, health privacy, and genetic information; and
- addressed employer and provider groups concerning the effect of the new health reform legislation on employer wellness programs and retiree health plans.
As counsel to The ERISA Industry Committee (ERIC), the voice for over 100 large public companies, and on behalf of individual clients, we are directly involved in ongoing efforts to shape the interpretation and application of the new health reform provisions and other recent laws affecting employer group health plans. Our lawyers have served in senior positions in all of the federal agencies that will interpret and enforce the new health plan requirements, including Principal Associate Deputy Secretary of the U.S. Department of Health and Human Services (HHS); Deputy General Counsel of HHS; Deputy Secretary of Labor; Solicitor of Labor; and Associate Benefits Tax Counsel in the Treasury Department.
Resources
Health Reform Developments
Health Reform Overview
Automatic Enrollment
Claims and Appeals and External Review Processes
- Covington Advisory, June 28, 2011
- Covington Advisory, August 26, 2010
- Covington Advisory, July 27, 2010
- Interim Final Regulation, July 23, 2010
- Amendment to Interim Final Regulation, June 24, 2011
- Enforcement Grace Period for Internal Claims and Appeals (DOL Tech. Rel. 2010-02), September 20, 2010
- Extension of Enforcement Grace Period for Internal Claims and Appeals (DOL Tech. Rel. 2011-01), March 18, 2011
- Department of Labor Federal External Review, Notice Summary, August 20, 2010
- Department of Labor Federal External Review Technical Release (DOL Tech. Rel. 2010-01), August 23, 2010
- Amendment to Department of Labor Federal External Review Technical Release (DOL Tech. Rel. 2011-02), June 22, 2011
- Health and Human Services Federal External Review Technical Guidance, August 26, 2010
- Health and Human Services Technical Guidance with Instructions for Issuers to Determine Who Should Receive Non-English Notices, September 1, 2010
- Updated Health and Human Services Technical Guidance with Instructions for Issuers to Determine Who Should Receive Non-English Notices, June 22, 2011
- Health and Human Services Technical Release with Instructions for Nonfederal Governmental Self-Insured Health Plans to Elect Federal External Review Process, June 22, 2011
- Revised Model Notice of Adverse Benefit Determination, June 22, 2011
- Revised Model Notice of Final Internal Adverse Benefit Determination, June 22, 2011
- Revised Model Notice of Final External Review Decision, June 22, 2011
- Updated List of Consumer Assistance Programs as of 5/23/11, Issued June 22, 2011
- HHS Fact Sheet, July 22, 2011
- NAIC Uniform External Review Model Act, April 2010
Coverage of Dependent Children to Age 26
Early Retiree Reinsurance Program
Essential Health Benefits
Genetic Information Nondiscrimination Act (GINA)
Grandfathered Plans
Health FSA Limitations
Health Insurance Exchanges
Health Insurance Market Reforms (guaranteed availability, etc.)
Implementation FAQs
Medical Loss Ratio Requirement for Insurers
Medicare Tax
Mental Health Parity
Minimum Value
Nondiscrimination Rules
Over-the-Counter Drug Limitations
Patient-Centered Outcomes Fee
Preventive Care
Prohibited Coverage Limits and Other Patient Protections
Reinsurance Program Fee
Reporting Requirements
Shared Responsibility Penalty
Uniform Benefit Summaries
Waiting Period
Waiver Process for Annual Dollar Limits
Wellness Programs

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