Uncharted Seas: 'Pay or Play' Penalties & Litigation Risk Under the Patient Protection and Affordable Care Act

Uncharted Seas: 'Pay or Play' Penalties & Litigation Risk Under the Patient Protection and Affordable Care Act

Schiff Hardin LLP Webinar

March 20, 2013

• 1:00 p.m.  - 2:00 p.m.  EDT

Tess J. Ferrera and Diane M. Soubly will present this webinar, which will be moderated by Edward Spacapan Jr. They will examine a variety of questions related to the employer shared responsibility ("pay or play") penalties that may be assessed on large employers for failure to provide health coverage or failure to provide affordable coverage to their full-time employees. Some topics to be discussed include:

• Who is a "large employer" under the "pay or play" regulations?
• Who counts as a full-time employee?
• What triggers the "pay or play" penalties, and what are those penalties?
• How is "affordability" of employer coverage measured?
• What are the affordability safe harbors?
• What are the transition rules for 2014?
• Does ERISA Section 510 provide employees a cause of action for an allegation that an employer has taken actions to evade the rules?

Ms. Ferrera is a partner in Schiff Hardin’s Washington, D.C., office, leads the firm's ERISA Litigation Group, and is also a member of the firm's Employee Benefits and Executive Compensation Group. Ms. Ferrera is a former trial lawyer for the ERISA litigation division at the U.S. Department of Labor. She has more than 20 years of experience counseling and litigating matters involving fiduciary obligations and prohibited transactions under ERISA, and she has extensive experience working with fiduciaries and sponsors of health and welfare plans and advising them on issues pertaining to the Patient Protection and Affordable Care Act.

Ms. Soubly is of counsel in Schiff Hardin's Chicago and Ann Arbor offices and is a member of the firm's Labor and Employment and Employee Benefits and Executive Compensation Groups. She has extensive experience representing employers, fiduciaries, employee health and welfare plans, retirement plans, and plan sponsors in ERISA individual and class action litigation and has written extensively on health care reform acts, including the Patient Protection and Affordable Care Act.

Mr. Spacapan is a partner in Schiff Hardin's Chicago office and is a member of the firm's Employee Benefits and Executive Compensation Group. He represents Fortune 500, closely held, tax-exempt corporations with respect to employee benefits, fiduciary issues, and mergers and acquisitions.

The webinar will take place Wednesday, March 20, 2013. Registration information is available here.