The Affordable Care Act for Employers with Unionized Workers in 2015
If it were not difficult enough to understand the nuances of the Affordable Care Act (ACA), now special consideration must be given to unionized workers. The ACA obligates unionized employers to reassess the health benefits provided to employees, to determine which should be eligible, and to negotiate with them special health benefits concurrent to minimizing their costs and avoiding regulatory penalties. The effect of collective bargaining agreements, the employer mandate, the Cadillac plans, and union employer funds add complications to unionized workplaces.
In this two hour, LIVE webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help attendees understand the important aspects of this significant topic. The speakers will provide an in-depth discussion of Affordable Care Act for Employers with Unionized Workers and offer bests practices for compliance with the ACA.
Some of the major topics that will be covered in this course are:
- Affordable Care Act New Regulations
- Play or Pay Provision and Practical Implications
- The Cadillac Tax
- Part-Time, Full-time, Unionized?
- Multi-employer Plans
- Bargaining Considerations
- Coverage Levels and Plan Design
- Affordability of Coverage
- Compliance Requirements
- Best Strategies to Minimize Pitfalls and Penalties
Pannone Lopes Devereaux & West LLC
Pannone Lopes Devereaux & West LLC
Macro Level Issues:
The practical and legal considerations for:
- Determining who is eligible for coverage:
- part-time, full-time, seasonal
- Union's duty of fair representation and fair treatment
- Representation/unit appropriateness issues
- ERISA Section 510 issues for employers (discrimination in health benefits provision)
- Determining whether to provide compliant coverage:
- Explanation of Employer mandate and penalty
- Does not providing coverage to take advantage of subsidies on the Exchanges make sense for your workforce?
Anderson, Helgen, Davis & Cefalu, PA
- What is the “Cadillac Tax”?
- What health-related benefits are and are not “applicable coverage” for purposes of the Cadillac Tax?
- How is the cost of applicable coverage determined?
- How is the annual dollar limit applied to the cost of coverage?
- Calculation and payment of the Cadillac Tax.
Archer & Greiner, P.C.
- Overview of latest ACA regulations and notices (employer mandate current deadlines and requirements, part-time/full-time updates, elimination of skinny plans, whistleblower provisions, etc.)
- Collective bargaining strategies – advice for employers in upcoming negotiations, including addressing impact of Cadillac tax, employee contributions, and unions’ increased willingness (potentially) to allow employers to change plans
- Brief update on King v. Burwell, the latest case before US Supreme Court on whether ACA is valid (specifically, whether States who have the federal government run the exchange are going to be kicked out of ACA).
Who Should Attend:
- Healthcare Law Attorneys
- Healthcare Service Providers
- Human Resource Managers
- In-House Counsel
- Labor Counsel
- Employee Benefits & Compensation Lawyers
- Insurance Advisers
- Tax Attorneys
- Other Related/Interested Professionals
William E. O'Gara is a Partner with Pannone Lopes Devereaux & West LLC and leads the firm's Litigation and Employment Teams. He is a highly respected labor and employment law practitioner with extensive experience handling diverse matters before federal and state courts and administrative agencies. With over 20 years of experience, Attorney O'Gara routinely represents employers in matters ranging from sexual harassment to retirement issues. His diverse practice includes defending wrongful termination and discrimination claims, contract negotiations and matters of union representation. Attorney O’Gara is a co-founder of Pannone Lopes Devereaux & West. He earned his J.D. from Northeastern University and his Master's in Industrial Relations from the University of Rhode Island. He is admitted to practice law in Rhode Island, Massachusetts and Federal courts in Rhode Island and Massachusetts.
William E. O'Gara is a Partner with Pannone Lopes Devereaux & West LLC and leads the firm's Litigation and Employment …
Jillian N. Jagling is an accomplished health care attorney and Associate with Pannone Lopes Devereaux & West LLC. She is a member of the firm’s Health Care and Corporate & Business Teams. Attorney Jagling has significant experience in the area of state and federal health industry compliance laws and regulations. Prior to joining Pannone Lopes Devereaux & West, Attorney Jagling was an attorney at Rhode Island Blue Cross & Blue Shield of Rhode Island where she was responsible for drafting and negotiating various types of contracts for all areas of the business, including business associate agreements, commercial leases, provider, subscriber, consultant, license/software, and confidentiality agreements, as well as providing in-house legal support in connection with lawsuits in various jurisdictions, including a major multidistrict litigation matter. Attorney Jagling earned her J.D. from Roger Williams University School of Law, cum laude, and is admitted to practice law in Rhode Island, Massachusetts, the U.S. District Court for the District of Rhode Island and the U.S. Supreme Court.
Jillian N. Jagling is an accomplished health care attorney and Associate with Pannone Lopes Devereaux & West LLC. She is …
Cindy L. Davis is a partner in the firm of Anderson, Helgen, Davis & Cefalu, P.A., with more than twenty years experience practicing in the areas of employee benefits, ERISA (Employee Retirement Income Security Act), commercial real estate, and general business and corporate matters. She has a wealth of knowledge and extensive experience related to Taft-Hartley employee benefit plans. Ms. Davis provides sound legal counsel in a cost-effective, responsive manner and regularly advises clients regarding employee benefit plan compliance, including: COBRA, the Public Health Service Act (PHSA), HIPAA, FMLA, PPACA, and the Internal Revenue Code.
Ms. Davis assists her clients in designing, implementing, and operating retirement and group health plans consistent with the objectives of the plan sponsors and applicable laws. Her clients include employee benefit plan sponsors, trustees, administrators, and third-party administrators.
She also assists her clients in preparing corrective documentation and filing documentation with enforcement agencies, while simultaneously coordinating with applicable state law. Ms. Davis has extensive experience representing clients in highly complex areas such as ERISA, hedge-fund investment by employee benefit plans, employee plan commercial real estate and development transactions, provider agreements, and network agreements.
Ms. Davis is admitted to practice in the state and federal courts of Minnesota, New York, and Wisconsin. She currently serves on the Education Committee of the Employers Council on Flexible Compensation. She is a frequent presenter at conferences and seminars on topics involving employee benefit compliance.
Ms. Davis received her bachelor’s degree, cum laude, from the University of Wisconsin-Stout and her J.D. from William Mitchell College of Law (Minn.). Prior to co-founding Anderson, Helgen, Davis & Cefalu, P.A. in 2009, she practiced law with other Twin Cities law firms and served as general counsel for a corporation.
Cindy L. Davis is a partner in the firm of Anderson, Helgen, Davis & Cefalu, P.A., with more than twenty …
Peter L. Frattarelli is the Chair of Archer & Greiner’s Labor & Employment Department. He regularly represents management and employers in labor and employment litigation and proceedings. Peter has extensive experience defending employers and individuals against harassment and discrimination lawsuits, as well as before state and federal administrative agencies. These include claims for race, gender, sex, disability, national origin and age discrimination. His management defense experience has been in a wide variety of contexts, ranging from unlawful discipline through wrongful termination. Peter’s litigation experience also includes an emphasis on defending against retaliation and “whistleblower” claims. He has handled numerous cases defending employers against claims of failure to accommodate the needs of disabled persons, including several cases that sought to extend the disability protection laws against employers and places of public accommodation.
Peter L. Frattarelli is the Chair of Archer & Greiner’s Labor & Employment Department. He regularly represents management and employers …
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Specialized Knowledge and Applications
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Areas of Professional Practice
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About Pannone Lopes Devereaux & West LLC
Pannone Lopes Devereaux & West LLC is a full service law firm that represents clients across the country in multiple disciplines with the highest standards of responsive, cost effective legal services. The firm’s primary practice areas include business law, nonprofit law, health care law, municipal infrastructure, government relations and legislative strategies, employment law, special masterships, criminal defense, estate planning, probate and trust litigation, and real estate development and commercial lending. Our attorneys follow an entrepreneurial approach to servicing clients, work in teams and are cross-trained in multiple disciplines. Extensive experience in all of its practice areas and a collaborative work environment enable Pannone Lopes Devereaux & West attorneys to quickly identify the core issues in any legal matter and prescribe the right legal strategy from concept through resolution.
About Anderson, Helgen, Davis & Cefalu, PA
Anderson, Helgen, Davis & Cefalu, PA (AHDC), is committed to providing proven and cost-effective results through outstanding client service, creativity and responsiveness. AHDC’s seven attorneys – five partners and two associates – have over 105 combined years of legal experience. AHDC attorneys practice in nearly every area of law, including employee benefits, business and commercial litigation, corporate transactions and business counseling, employment law, labor law, and real estate. Our attorneys represent employee retirement and health care benefits plans; small, medium, and large businesses; and individual clients. AHDC’s enthusiastic and highly-skilled legal professionals work closely together to provide thorough legal analysis and results-oriented solutions. AHDC has established partnerships with expert vendors, enabling our firm to handle everything from a small claims case to multi-million dollar litigation. Our experienced attorneys and staff successfully manage the most challenging legal matters.
About Archer & Greiner, P.C.
Archer & Greiner is a dynamic, full-service law firm with a reputation for providing quality, result-driven legal services to corporate and individual clients. With more than 175 attorneys, the firm is one of the five largest in the State of New Jersey. The firm’s clients range from major corporations, banks, and insurance companies, to medium-sized, family-owned businesses and individuals.
Our firm never forgets that we are a service business: we put our clients first.
We believe our firms distinguishes itself by meeting the needs of our clients at every level of legal complexity, while committing our resources to remain on the cutting edge of developing legal issues and technology, and managing our clients’ interests with an ongoing commitment to value. We understand the legal market is highly competitive. That said, our firm has enjoyed steady growth driven primarily by our strong commitment to responsive and cost-effective client service.
Our firm’s success depends on our clients’ success.