Welfare Benefits and ERISA Litigation
Most of the private and public workforce in Puerto Rico currently relies on employer-sponsored welfare benefit plans to provide for its medical, surgical, death, unemployment and disability needs, among others. Employers increasingly face complex employment problems, which are inherent to the complicated statutes and regulations governing the benefit plans they sponsored. These statutes and regulations rule, for example, the continuation of medical coverage, breach of fiduciary duty, fraud and misrepresentation, preexisting conditions exclusions, portability, privacy, discrimination in the employment, and reporting and disclosure requirements. Furthermore, this is an area where the law is ever-changing and the claims are, in fact, skyrocketing.
At McConnell Valdés, the Welfare Benefits and ERISA Litigation Practice Area has the resources and ability to deal with any type or size of employer. We provide on a daily basis lawful, innovative and practical advice on terms related to:
- Assisting employers in understanding and complying with the applicable laws and regulations, pursuant to ERISA, HIPAA and COBRA
- Reporting and disclosure obligations towards employees (such as, preparation of summary plan descriptions and summary of material modifications)
- Reporting and disclosure obligations to applicable government agencies (preparation of Form 5500, Form M-1, when necessary)
- Breach of a fiduciary duty
- Offering strategic solutions to issues arising from sensitive, complex business situations, such as mergers and acquisitions and U.S. Department of Labor audits, among others
- Denial of benefits
- Health portability, security, privacy and non-discrimination requirements under HIPAA
- Employer's risks and responsibilities when reducing or terminating benefits (including active or retiree benefits)
- Pre-existing condition limitations
- Continuation coverage rules under COBRA
- Assisting in the creation of safeguards to avoid claims and/or investigations
- Statutory penalties
Our Welfare Benefits and ERISA Litigation Practice Area Attorneys have substantive knowledge in the Labor & Employment field, which proves helpful when litigating complex issues that are interrelated with other statutes. They have the skills and experience to aggressively defend employers from judicial and extra-judicial claims related to the above matters. Most of them have served as speakers in numerous occasions at seminars throughout Puerto Rico and also provides personalized "round tables" on a frequent basis to update the clients, free of charge, of the constant changes of its field of law.
