Employee Benefit and Employment Issues in Mergers and Acquisitions

In any merger and acquisition, there are a number of employee benefit and employment issues that have to be addressed no matter if it is an asset or stock sale. 

Attorney Howard Lapin, Attorney Michelle Barki of Medcom and I conducted a free Webinar on February 29, at 1 PM CST providing an overview of all these employee benefit and employment issues in mergers and acquisitions. 

The following issues were discussed during the webinar:

Employee Benefit Issues:

-Overall Goals of Due Diligence and Negotiations 

• Effect of Transactional Structure on Liabilities and Future Actions
• Overview of Retirement Plan Liabilities 
• Overview of Liabilities with Nonqualified Deferred Compensation Plans
• Welfare Plan and Payroll Practice Liabilities
• Action Steps to Take for Future of Employee Benefit Plans, Post-Closing

Employment Issues:

• Preliminary Considerations – Stock versus Asset Deals
• Conducting Due Diligence – Key Issues

-After the Sale – Terminating Seller’s Employees The Webinar will discuss the steps an employer must take to comply with these issues and will be 90 minutes in length. 

What are the Effects on Employers When Coronavirus Emergency Measures are Lifted? – New Free Webinar

Attorney Howard Lapin and I conduced a free Webinar on March 30, at 1 PM CDT providing an overview of the major health-related COVID-19 federal emergency declarations that have been made, and summarizes the impact when they end in the following areas:

-Coverage, costs, and payment for COVID-19 testing, treatments, and vaccines,

-Medicaid coverage and federal match rates,

-Telehealth,

-Other Medicaid and CHIP flexibilities,

-Other Medicare payment and coverage flexibilities,

-Other private medical coverage flexibilities (COBRA, reimbursement deadlines, etc),

-Access to medical countermeasures (vaccines, tests, and treatments) through FDA emergency use authorization (EUA),

-Workplace policies and procedures.

The Webinar discussed the steps an employer must take to communicate these changes to employees and what changes have to be made to comply.

New state action on Abortion

Many new requirements will become effective in late 2022 and 2023 for health and welfare plans. Are you prepared?

To assist, Attorney Howard Lapin and I  conducted a free webinar on November 17 at 1PM CST on reviewing the changes for health and welfare plans effective in late 2022 and 2023 and how to prepare for them. 

The webinar was 60 minutes in length.

This webinar discussed the following changes:

-New state action on Abortion,

-Developments in the Section 1557 nondiscrimination rules,

-New No surprises Act Notices for 2023,

-New Air Ambulance Reporting under the No Surprises Act,

-New Individual Disclosure Requirement,

-New Price Comparison Tool,

-New Pharmacy Benefit and Dug Cost Reporting, and

-Steps to take if the COVID-19 Emergency Rules are pulled in

2023.

The webinar covered all these areas and more.

We  also be discussed suggested steps employers should take to deal with repeal and how to assist employees.

The Webinar included a substantial question and answer period.

Coronavirus Testing and Vaccine Mandates – Are you confused about what to do?

On January 19, Attorney Howard Lapin and I conducted a free webinar on Wednesday January 19 at 1 PM CST covering the following questions:

-What health plans must offer the free Coronavirus testing?

-What type of tests must be offered?

-How many tests can an employee receive per month?

-Can the plan reimburse employees for a test or does it have to be free when purchased?

-What happens if no tests are available?

On January 10, 2022, the Biden Administration released guidance on requiring both insured and self-funded group health plans to provide free Coronavirus testing to employees and dependents by January 15, 2022.

In addition, we covered the Supreme Court rulings on the vaccine mandates.

We also provided suggested steps for employers, brokers and TPAs to comply to meet these new requirements. Do not be unprepared.

The Webinar included a substantial question and answer period.

An explanation of a new webinar: Discussing the New Employer Vaccine Mandates -Will they stay or will they go? – New Free Webinar

Attorney Howard Lapin and I conducted a new free webinar reviewing what an employers and healthcare providers have to do to comply with the Employer Vaccine Mandate on November 30 at 1 PM CST.

The Webinar was 90 minutes in length.

We will be covering the following areas:

*Who must comply

*Deadlines

*Vaccination Requirements

*Testing Requirements

*Notice to Employees

*Union Issues

*Litigation

*Enforcement

*Conclusion and Steps to comply

*What we can do to help you to comply

The webinar covered all these areas and more.

Discussing the Consolidated Appropriations Act and the New Transparency in Coverage.

Both the Consolidated Appropriations Act and the “Transparency in Coverage” regulations are potential game changers, affecting how health plans set prices for services, negotiate provider contracts and pay for out-of-network emergency care, report information and provide disclosures to participants.   These substantial new requirements will be effective for plan years beginning on or after 2022. Attorney Howard Lapin, Actuary Steve Cyboran, and Attorney Larry Grudzien  conducted a new free webinar reviewing the requirements for the Consolidated Appropriation Act and the “Transparency in Coverage” regulations on July 20 at 1 PM CDT.   The Webinar was 90 minutes in length.   The following questions were discussed:   Preventing Surprise Billing:   -What new requirements will be imposed to prevent surprise billing?   General Transparency: -What new requirements must be added to insurer and TPA contracts to meet the new transparency requirements? -What new EOBs must be provided to participants before any scheduled care? -What new services must be provided to a “continuing care patient”? -What new price comparison guidance must to be provided by phone or Plan website to participants? -What new advanced explanation of benefits must be provided to participants if requested for scheduled services? -What new provider directories must be provided and how often must they be updated? -What new disclosures must be made to the plan for broker, TPA and other vendor fees?   Mental Health Parity Transparency:   -What detailed comparative analysis must be provide to governmental agencies if the plan provides both medical/surgical benefits and mental health/substance abuse benefits?   Reporting:   -What new reporting must be made to governmental agencies on drug prices?   Transparency in Coverage:   -What information must a health plan publicly report on negotiated in-network and out-of-network amounts? -What information must health plans provide to participants on cost sharing?   The webinar will cover all these questions and more.   We will also provide suggested steps for employers, brokers and TPAs to comply to meet these new reporting and disclosure requirements. Do not be unprepared in 2022!   To avoid any technical issues, we are limiting the registration to this webinar to 500. If you are unable to register to this webinar, we will add another webinar.   This Webinar has a question and answer period.

HR and Legal challenges for employers in the release of the Coronavirus vaccine.

Attorney Howard Lapin and I conducted a new free webinar reviewing the HR and legal challenges for employers in the release of the Coronavirus  vaccine on January 14 at 1 PM CDT.

The Webinar was 60 minutes in length.

The following HR and legal questions were covered:

-What were the timetable for the distribution of the vaccine in the coming months?
-Can an employer require employees to take the vaccine?
-What accommodations must employer make for those employees who cannot take the vaccine?
-What are the potential liability concerns under workers compensation and other laws for employers if an employee takes the vaccine and develops an adverse reaction?
-What potential labor laws and related protections do employees have who may oppose taking a vaccine?

Reviewing HR & Legal Issues When Employees Work Remotely – Free Webinar

Gary Miller of The Miller Partners and I conducted a new free webinar reviewing HR and legal issues when employees work remotely on October 15 at 1 PM CDT.

The Webinar was be 90 minutes in length.

The following HR and legal issues will be covered:
-Payroll
-Work Rules
-Privacy & Security
-Performance
-Health and Safety
-implementation

What employers can do in dealing with Marijuana in the Workplace in Illinois (webinar).

Attorney Howard Lapin and I conducted a webinar reviewing what employers can do in dealing with Marijuana in the Workplace in Illinois on January 28 2020 at 1:00 PM CST.

The Webinar is over 60 minutes in length.

On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Cannabis Act”).

Under the Cannabis Act, Illinois residents over 21 years of age may legally possess 30 grams of marijuana flower and five grams of marijuana concentrate for their personal use, starting January 1, 2020.

The Cannabis Act also provides the most extensive workplace protections for employers of any marijuana legalization statute around the country.

In November 2019, Illinois General Assembly passed SB1557 which contains language designed to protect employers from litigation.

The webinar will review:

– What employers can do to prevent Marijuana use in the workplace.
– What drug testing an employer can do.
– What affect the legalization of marijuana may have on your workforce.
– What affect legalization has had in other states.
– What employment policies an employer should put in place to deal with legalization.
– What rights do employee have in smoking on and off employer worksite.
– The pros and cons of zero tolerance policies on your workforce.

This Webinar will include a substantial question and answer period.

This webinar will be important for any insurance broker, HR director or supervisor.

I will be conducting this Webinar with Attorney Howard Lapin

Learn about the New Rules for Association Health Plans (AHPs) -Free Webinar

On June 19, 2018, the Department of Labor (DOL) released final regulations under 29 CFR Section 2510.3-5 that offers new options for Associations to sponsor health plans for their members.
These new options allow more small businesses to come together to create large employer plans free from many of the Affordable Care Act (ACA) mandates applicable to individual and small group insurance plans.

The webinar will review:

• Why are these new rules so important
• The requirements that must be met to establish and maintain an Association Health Plan
• The state and federal laws that must be followed
• The effective dates of these new rules
• The pros and cons of establishing and participating in an Association Health Plan

This Webinar will include a substantial question and answer period.

This webinar will be important for any insurance broker, TPA, employer or adviser who wants to be prepared to understand Association Health Plans (AHPs).
I will be conducting this Webinar.

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