EB Compliance Attorney

Position Summary: The Compliance Attorney serves as a technical and legal compliance resource within the Employee Benefits division of an insurance brokerage and consulting firm. This position provides guidance to clients and internal teams regarding federal and state laws affecting employer-sponsored health and welfare benefit plans.

Working under the direction of the Managing Director of Compliance, the Compliance Attorney researches and analyzes complex employee benefits issues, assists clients with compliance strategies, develops compliance resources, reviews benefit plan practices and documents, and supports the firm's consultants and account teams on regulatory matters.

The position requires the ability to translate complex legal and regulatory requirements into practical, understandable guidance for employers and employee benefits professionals. The Compliance Attorney does not serve as outside legal counsel to clients and should appropriately distinguish between compliance consulting services and legal advice requiring a client's own legal counsel.

Essential Tasks and Responsibilities:

• Provide technical compliance guidance regarding employer-sponsored health and welfare benefit plans, including requirements under ERISA, the Internal Revenue Code, ACA, HIPAA, COBRA, CAA, No Surprises Act, MHPAEA and other applicable federal and state laws.
• Research statutes, regulations, agency guidance, court decisions and other legal developments affecting employee benefit plans.
• Analyze complex compliance questions presented by clients, consultants, account managers and other internal stakeholders. Translate legal and regulatory requirements into practical recommendations and implementation guidance.
• Assist employers with ERISA compliance, including plan documentation, disclosure obligations, Form 5500 requirements, fiduciary responsibilities and plan governance.
• Provide guidance regarding cafeteria plans under Internal Revenue Code Section 125, including eligibility, election changes and nondiscrimination requirements.
• Assist with compliance issues involving HRAs, health FSAs, HSAs, wellness programs and other account-based benefit arrangements.
• Provide technical support regarding COBRA administration, HIPAA privacy and security requirements, Medicare Secondary Payer rules and other benefit continuation or coordination requirements.
• Advise on ACA employer mandate, eligibility, affordability, reporting and related compliance requirements.
• Assist clients and internal teams with CAA, Transparency in Coverage, prescription drug reporting, gag clause attestations, PBM transparency and other emerging health plan requirements.
• Analyze compliance considerations associated with self-funded, level-funded and fully insured benefit arrangements.
• Assist with compliance questions involving MEWAs, association health plans and other multiple-employer arrangements.
• Review benefit plan documents, SPDs, wrap documents, amendments, policies, notices, vendor agreements and other benefit-related materials for compliance considerations.
• Assist clients with identifying and correcting potential compliance deficiencies.
• Support benefit plan compliance audits and risk assessments.
• Develop compliance checklists, guides, toolkits, model notices, FAQs, articles, presentations and other client-facing resources.
• Prepare regulatory updates and compliance alerts regarding significant legislative, regulatory and litigation developments.
• Conduct webinars, seminars and training programs for clients and internal employees, alongside assisting with prospect meetings/capabilities presentations.
• Provide technical training and support for account managers, consultants and other members of the Employee Benefits team.
• Assist the Managing Director of Compliance with development and implementation of the firm's compliance service strategy.
• Work collaboratively with clients' legal counsel, tax advisors, TPAs, carriers, PBMs and other vendors when appropriate.
• Provide technical guidance and mentorship to Compliance Specialists and other compliance team members.
• Monitor federal and state legislative and regulatory developments affecting employer-sponsored benefit plans.
• Participate in special projects and perform other compliance-related duties as assigned by the Managing Director of Compliance.

Core Competencies:

• Ability to Analyze and Solve Problems: Skill in recognizing challenges, exploring options, and implementing effective solutions in a timely manner
• Attention to Detail: A strong focus on completing tasks and projects accurately and thoroughly
• Communication Skills: Capable of expressing ideas clearly in both verbal and written forms and engaging with various audiences
• Timely Task Completion: Ability to finish tasks and projects efficiently, managing resources and priorities effectively
• Team Collaboration: Willingness to work together with others, promoting teamwork and supporting shared goals
• Client Focus: Dedication to understanding and addressing the needs of clients and stakeholders to ensure their satisfaction
• Dependability: Acknowledgment of the importance of being present and punctual
• Creative Thinking: Openness to suggesting new ideas and methods to improve processes and outcome
• Organizational Skills: Capability to prioritize tasks and manage multiple projects simultaneously
• Adaptability: Willingness to adjust to changing situations and priorities, showing resilience in a dynamic work environment

Experience and Education:

Required-

• Juris Doctor (J.D.) degree from an accredited law school.
• Admission to and good standing with at least one U.S. state bar.
• Strong legal research, analytical and written communication skills.
• Ability to interpret statutes, regulations and agency guidance and translate them into practical business guidance.
• Strong interpersonal and presentation skills.
• Ability to communicate complex regulatory concepts effectively to clients and non-attorneys.
• Minimal travel (2-4 days per month).

Preferred-

• Experience in employee benefits, ERISA, health and welfare plan compliance, insurance, employment law or a related practice area.
• Experience working for an employee benefits brokerage, consulting firm, law firm, insurance carrier, TPA or benefits department.
• Familiarity with ERISA, ACA, COBRA, HIPAA, Internal Revenue Code Sections 105 and 125, CAA, MHPAEA and related employee benefits requirements.
• Experience presenting webinars, client seminars, capabilities presentations or professional training programs.

Systems:

• Proficient with Microsoft Office Suite
• Applied Epic experience preferred, but knowledge of similar Agency Management System (AMS) is acceptable

Physical Requirements:

• Ability to lift 25 pounds
• Repeated use of sight to read documents and computer screens
• Repeated use of hearing and speech to communicate on telephone and in person
• Repetitive hand movements, such as keyboarding, writing, 10-key
• Walking, bending, sitting, reaching, and stretching in all directions

Benefits & Compensation:

• Higginbotham offers medical, dental, vision, prescription drug coverage, 401K, equity incentive plan as well as multiple supplemental benefits for physical, emotional, and financial wellbeing.
• Employee Wellness Program
• Company paid holidays, plus PTO

Notice to Recruiters and Staffing Agencies: To protect the interests of all parties, Higginbotham Insurance Agency, Inc., and our partners, will not accept unsolicited potential placements from any source other than directly from the candidate or a vendor partner under MSA with Higginbotham. Please do not contact or send unsolicited potential placements to our team members.

• Applications will be accepted until the position is filled

Equal Opportunity Employer

This employer is required to notify all applicants of their rights pursuant to federal employment laws. For further information, please review the Know Your Rights (https://www.eeoc.gov/poster) notice from the Department of Labor.