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Health & Welfare Plans: The Essentials, Concepts and Emerging Issues
Professors Robert Davis, Stephen LaGarde, and Susan Relland LL.M Course 689 (cross-listed) | 2 credit hours Rising health care costs, increased government requirements, and ever-evolving plan designs have made health and welfare programs among the most dynamic of employee benefits. During the past year employers have seen considerable legislative, regulatory, and judicial changes that are increasing the compliance burden to unprecedented levels. In addition, health reform is a top priority of the Obama Administration and has been one of the most significant issues debated in Congress this year. Such legislation, if successfully enacted, is likely to change fundamentally the way health care is provided in the United States and, in the process, to place new financial and compliance burdens on employers. Focusing on the developing legal issues that govern health and welfare plans is extremely timely: the need for legal assistance with these programs is growing at an extraordinary rate and there is currently a shortage of attorneys who can help meet that need. This course will provide students a strong grounding in the plan design and administrative requirements that currently face employers. We will begin with an overview of the laws that govern health and welfare plans, including relevant provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. In addition to reviewing applicable statues and regulatory guidance, the course will examine the watershed cases that affect health and welfare plans today. Given the fact that this is such a dynamic area, employers need their advisors to be well versed in the developing law; therefore, after covering the current rules, the course will explore the issues that are likely to be addressed in the near future by Congress, the federal agencies, or the courts, and how such changes are likely to impact plan sponsors. The course will include problem-based discussions using real-life examples. Grades will be based on class participation and a take-home final exam.
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