Health & Welfare Plans/HIPAA

Company-sponsored health benefit plans and welfare plans such as group health plans, disability insurance, and paid time off for illness or leaves of absence are among the most complex—and costly—benefit programs that any business will implement.

Miles & Stockbridge’s benefits lawyers understand the laws and regulations that apply to these plans, and we work with our clients’ benefits personnel and consultants to enhance their plans in order to achieve business objectives and avoid costly investigations and lawsuits—structuring them to save time and money in their administration.

Our lawyers draft and review plan documentation for the full gamut of plans and programs in order to help our clients comply with the complex assortment of federal and state laws and regulations that govern these plans.  We also provide guidance on the legal aspects of health benefit plan funding, including the proper use, evaluation, and enforcement of cafeteria plans, taxable and tax-exempt trusts, captive insurance, and other funding arrangements.

Miles & Stockbridge’s benefits lawyers are fully informed on all new legislation, regulations, and court decisions affecting health benefit plans, including the requirements of HIPAA’s Privacy and Security Rules and the HITECH Act.  We regularly counsel our clients on processes and technology to meet federal standards concerning the privacy and security of individually identifiable health information. We conduct HIPAA audits and structure compliance programs, and we draft written policies and procedures that incorporate and implement safeguards to preserve the privacy, confidentiality, and availability of protected health information and health records.