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Andy R. Anderson

Andy R Anderson

Andy R. Anderson

Partner

andy.anderson@morganlewis.com

Chicago Phone +1.312.324.1177 Fax +1.312.324.1001

77 West Wacker Dr.//Chicago, IL 60601-5094//United States

Leader of Morgan Lewis’s health and welfare task force, Andy R. Anderson is often recognized for his work in counseling clients on employer, individual, and insurer issues created by the Affordable Care Act, and regulatory compliance issues in relation to the Internal Revenue Code, ERISA, COBRA, HIPAA, and Mental Health Parity. Tax-exempt organizations and Fortune 500 companies turn to Andy for handling their benefit plans, and legal review surrounding welfare benefit plans, government self-correction programs, cafeteria plans, and VEBAs.

A fellow of the American College of Employee Benefits Counsel, Andy is particularly interested in ensuring that his clients’ health and welfare plans are properly and efficiently administrated. His interdisciplinary approach to designing and implementing funding arrangements—negotiating contract and service agreements with insurers, third-party administrators, prescription benefit managers, and other third-party providers—on behalf of his clients allows them to navigate the challenges that often arise with plan implementation.

Once benefit plans are negotiated, Andy works with clients to prepare plan documents, summary plan descriptions, summaries of material modifications, summaries of benefits and coverage, and participation communications. His practice also focuses on outsourcing employee benefits issues in the areas of retirement plans, health and welfare plans, and payroll practices.

His experience assisting clients with ERISA claims and appeals has brought him before the IRS and Senate Judiciary Committee to testify on ERISA preemption. He has also worked closely with several government agencies during the launch of the advance credit for the TAA tax credit.

As a thought leader on employee benefits, Andy speaks at meetings of the Tax Section of the American Bar Association, and other national and regional conferences. He is also quoted in employee benefits articles for publications, including Forbes, CNN Money, Business Insurance, The New York Times, The Wall Street Journal, Law360, The Philadelphia Inquirer, Human Resource Executive Online, Corporate Counsel, Politico, and Bloomberg BNA.

He is an ABA Joint Committee on Employee Benefits faculty member, where he teaches the cafeteria plan and federal regulation of health benefits sections for the ERISA Basics class.

Awards and Affiliations

Member, Law Firm of the Year, Employee Benefits & Executive Compensation, Chambers USA (2019)

Member, Law Firm of the Year, Employee Benefits (ERISA Law), US News/Best Lawyers – Best Law Firms (2019)

Recommended, Labor and employment – Employee health and retirement plans, The Legal 500 US (2014, 2016, 2017)

Ranked, Employee Benefits (ERISA) Law, Chicago, The Best Lawyers in America (2013–2020)

Fellow, American College of Employee Benefits Counsel

Past Chair, Cafeteria Plans and Reimbursement Accounts Subcommittee, ABA Taxation Section/Employee Benefits Committee

Member, American Bar Association, Taxation Section

Member, Chicago Bar Association, Employee Benefits Committee

Admissions

Illinois

Education

University of Illinois College of Law, 1984, J.D.
MacMurray College, 1981, B.S., Summa Cum Laude

Sectors

Life Sciences
Technology
Healthcare
Banking

Services

Labor Employment Benefits
Government Contractor Compliance
Health and Welfare Plan Design and Administration
Technology Outsourcing Commercial Transactions
Privacy Cybersecurity
Healthcare Litigation Regulatory Counsel

Regions

North America

Events

10/1/2020 - Hot Topics in Employee Benefits: What We’re Seeing – October 2020

6/9/2020 - Hot Topics in Employee Benefits: What We’re Seeing – June 2020

5/20/2020 - Extended ERISA Deadlines Permitted Election Changes and Extended Claim Periods

1/14/2020 - Hot Topics in Employee Benefits: What We're Seeing – January 2020

7/16/2019 - Final HRA Regulations: Roadmap to the Future or Bridge to Nowhere?

3/21/2019 - Hot Topics in Employee Benefits: What We’re Seeing – March 2019

12/6/2018 - Hot Topics in Employee Benefits: What We’re Seeing – December 2018

9/18/2018 - Hot Topics in Employee Benefits: What We’re Seeing – September 2018

3/14/2018 - Hot Topics in Employee Benefits: What We’re Seeing – March 2018

12/14/2017 - Morgan Lewis–Hosted TEI Chicago Chapter: Compensation & Benefits Program and Holiday Party

12/6/2017 - Hot Topics in Employee Benefits: What We’re Seeing – December 2017

10/24/2017 - Affordable Care Act: Potential Changes, Likely Effects

9/13/2017 - Hot Topics in Employee Benefits: What We’re Seeing – September 2017

6/7/2017 - Hot Topics in Employee Benefits: What We’re Seeing – June 2017

3/22/2017 - Hot Topics in Employee Benefits: What We’re Seeing – March 2017

12/8/2016 - Hot Topics in Employee Benefits: What We’re Seeing – December 2016

10/26/2016 - ABA-JCEB ERISA Basics National Institute 2016

9/28/2016 - ACA Nondiscrimination Rule and EEOC Wellness Requirements

9/14/2016 - Hot Topics in Employee Benefits: What We’re Seeing – September 2016

5/3/2016 - ERISA Industry Committee's Spring Committee & Membership Meetings 2016

3/30/2016 - Consumer-Driven Healthcare Post-ACA

3/10/2016 - Hot Topics in Employee Benefits: What We’re Seeing – March 2016

12/16/2015 - Hot Topics in Employee Benefits: What We’re Seeing – December 2015

10/28/2015 - ACA Reporting—Nuts and Bolts

10/28/2015 - ABA-JCEB ERISA Basics National Institute

9/16/2015 - Hot Topics in Employee Benefits: What We’re Seeing – September 2015

6/10/2015 - Hot Topics in Employee Benefits — What We’re Seeing – June 2015

4/15/2015 - ERISA Industry Committee's Spring Committee & Membership Meetings

3/25/2015 - Hot Topics in Employee Benefits — What We're Seeing - March 2015

2/5/2015 - Affordable Care Act Tasks: Shared Responsibility Reporting

12/10/2014 - Hot Topics in Employee Benefits — What We’re Seeing - December 2014

11/19/2014 - Affordable Care Act Tasks: Preparing for the Shared Responsibility Excise Tax

11/5/2014 - Affordable Care Act Tasks: HPIDs and Transitional Reinsurance

10/15/2014 - ERISA Industry Committee’s Fall Committee & Membership Meetings

9/17/2014 - ERISA at 40: Successful Middle Age or Midlife Crisis?

7/22/2014 - Modified COBRA Notices for the ACA Environment

6/11/2014 - Hot Topics in Employee Benefits — What We’re Seeing - June 2014

3/19/2014 - Hot Topics in Employee Benefits — What We’re Seeing - March 2014

2/20/2014 - Navigating the Maze of Paid Sick Leaves

2/19/2014 - Final Affordable Care Act Shared Responsibility Rules —The Last Piece for the 2015 Puzzle

12/18/2013 - Hot Topics in Employee Benefits — What We’re Seeing - December 2013

11/13/2013 - $500 Carryover Opportunity for Cafeteria Plan Health FSAs: Worth the Effort?

10/16/2013 - ABA Joint Committee on Employee Benefits’ 27th Annual National Institute on ERISA Basics

9/18/2013 - Hot Topics in Employee Benefits — What We’re Seeing - September 2013

9/17/2013 - ERISA Industry Committee's ERIC FocusOn Call

9/16/2013 - MEI Inc.’s State and Federal Exchanges

7/25/2013 - After the Delay: Remaining ACA Employer and Group Health Plan Considerations for 2013 and 2014

6/27/2013 - Affordable Care Act Considerations for Retail Companies

6/13/2013 - Wellness Programs: Are They on Life Support? Responding to the Final Regulations

6/12/2013 - Hot Topics in Employee Benefits — What We’re Seeing - June 2013

6/11/2013 - The ACA and Collective Bargaining: Smart Negotiations

6/6/2013 - Looking Forward to 2014: ACA Considerations for Higher Ed Employers

3/21/2013 - The Road to 2014: ACA Considerations for Individuals

3/20/2013 - Hot Topics in Employee Benefits — What We’re Seeing - March 2013

3/13/2013 - ALI CLE Program: Pension, Profit-Sharing, Welfare, and Other Compensation Plans

3/12/2013 - The Road to 2014: ACA Considerations for Group Health Plans

2/28/2013 - The Road to 2014: ACA Considerations for Employers

12/5/2012 - Hot Topics in Employee Benefits — What We’re Seeing - December 2012

11/15/2012 - 2012 Labor and Employment Fall Webinar Series: Corporate Wellness: What Does the Future Hold?

10/24/2012 - Part-Timers and Locations and Turnover – OH MY!: An Overview of Employee Benefits Issues for Retail Organizations

10/21/2012 - NYU SCPS 71st Institute on Federal Taxation

6/28/2012 - The U.S. Supreme Court Speaks: The Affordable Care Act Is _______?

6/27/2012 - Hot Topics in Employee Benefits — What We’re Seeing - June 2012

5/21/2012 - Wellness Programs: Legal Issues and Design Solutions

3/28/2012 - Summaries of Benefits and Coverage Due This Fall

3/8/2012 - ERISA Industry Committee's ERIC FocusOn Call

12/13/2011 - ERISA Industry Committee's ERIC FocusOn Call

12/8/2011 - 2014: End of the (Health Care) World as We Know It?

11/30/2011 - 2011 Blue Cross and Blue Shield National Tax Conference

10/13/2011 - Now That the Deal Has Closed: Post-Closing Employee Benefits and Executive Compensation Considerations

4/12/2011 - ERISA Industry Committee's ERIC FocusOn Call

6/16/2010 - Healthcare Reform: What Employers Need to Know Now

1/20/2010 - The Knowledge Congress Webcast Series: IRS Form 941 (Employer's Quarterly Federal Tax Form): A 2009 Update

News

10/7/2019 - New HRA Rules Might Not Be Useful for Some Employers, Tax Notes

6/14/2019 - New Final Rule Lets Employees Use HRAs to Buy Health Insurance, SHRM

3/9/2016 - Hot Topics in Employee Benefits: Changes You Can Prepare For

12/28/2013 - Obamacare Creates a Niche Market for Lawyers, Philadelphia Inquirer (read the article)

2/1/2013 - Obama's Compromise On Contraception Won't End Lawsuits, Law360

1/30/2013 - New Mental Health Push Could Create Insurance Mandates, Law360

3/23/2012 - Summary of Benefits FAQs Do Not Answer Issue of Effective Date, Practitioners Say, Pension & Benefits Daily

10/3/2011 - Morgan Lewis Advises ARAMARK on Sale of its Galls Business to CI Capital Partners

5/23/2010 - Study Points to Health Law's Penalties, The New York Times

Publications

3/15/2021 - American Rescue Plan’s Health and Welfare Benefit Provisions: COBRA and DCFSA Action Items

5/15/2020 - IRS Opens the Door for Optional Midyear Election Changes and Other Related Relief

4/16/2020 - Departments Release FAQs on Implementation of FFCRA and CARES Act

April 1, 2020 (Payroll Tax and Fringe Benefit Provisions section updated April 22, 2020; Executive Compensation Provisions section updated April 6, 2020) - CARES Act Brings Compensation, Benefits, and Payroll Tax Changes

7/10/2019 - Check Out Our Upcoming Webinar on the Final HRA Regulations!

4/26/2019 - Open Enrollment: Proactive Action

12/19/2018 - Affordable Care Act Held Unconstitutional: What Is Next for Employer Health Plans?

3/27/2018 - Are You on the Watch for IRS Letter 226-J?

1/16/2018 - Disability Claims Regulations Become Effective April 1, 2018

10/30/2017 - San Francisco Publishes Final Rules on Health Care Security Ordinance Employer Spending Requirement

10/17/2017 - ACA Developments And Consequences

6/26/2017 - The Senate Releases a “Discussion Draft” of the “Better Care Reconciliation Act of 2017”—The Second Step Toward ACA “Repeal and Replace”

5/4/2017 - The AHCA Passes the House—Senate Is the Next Test for “Repeal and Replace”

3/7/2017 - American Health Care Act Debuts in Washington, DC

2/27/2017 - Unofficial Draft ACA “Repeal and Replace” Legislative Language Disclosed

1/27/2017 - IRS Issues Key Memorandum on Tax Treatment of Fixed Indemnity Health Plans

1/25/2017 - President Trump Takes First Step in Dismantling Affordable Care Act

5/17/2016 - EEOC Issues Final Regulations on Wellness Benefits

1/5/2016 - Group Health Plan Action Items and Reminders for the New Year

12/21/2015 - ACA Cadillac Tax Delayed for Two Years

10/7/2015 - EEOC Proposed Rule on Application of the ADA to Employer Wellness Programs

7/13/2015 - Employer Next Steps Post-ACA Ruling

7/13/2015 - The Supreme Court Rules in Favor of Same-Sex Marriage: Employer Next Steps

7/1/2015 - US Supreme Court Rules in Favor of Same-Sex Marriage

6/26/2015 - US Supreme Court Issues Landmark Decision Upholding Current ACA Structure

6/25/2015 - Attorneys React To Supreme Court's ACA Save, Law360

4/23/2015 - EEOC Issues Proposed ADA Regulations Regarding Wellness Programs

2/5/2015 - Affordable Care Act Tasks: Shared Responsibility Reporting

12/22/2014 - Group Health Plans: Year-End Action Items and Upcoming Changes

12/10/2014 - Hot Topics in Employee Benefits - What We're Seeing

9/17/2014 - ERISA at 40: Successful Middle Age or Midlife Crisis?

7/22/2014 - Modified COBRA Notices for the ACA Environment

6/11/2014 - Hot Topics in Employee Benefits – What We’re Seeing

2/25/2014 - Final ACA Shared Responsibility Regulations Released

2/20/2014 - Navigating the Maze of Paid Sick Leaves

2/19/2014 - Final Affordable Care Act Shared Responsibility Rules — The Last Piece for the 2015 Puzzle

12/19/2013 - Group Health Plans: Year-End Action Items and Upcoming Changes

11/13/2013 - $500 Carryover Opportunity for Cafeteria Plan Health FSAs: Worth the Effort?

10/18/2013 - Guidance on the Application of Certain ACA Market Reforms to Employer Health Plans

9/17/2013 - Guidance on Tax Treatment of Same-Sex Marriages Takes Effect

7/25/2013 - After the Delay: Remaining ACA Employer and Group Health Plan Considerations for 2013 and 2014

7/24/2013 - PCOR Trust Fund Fee Due Soon for Many Plans

7/12/2013 - DOL Guidance on Notice of Exchange Options

7/10/2013 - Employee Benefits Issues Post-DOMA

7/3/2013 - Affordable Care Act Shared Responsibility Penalty Delayed Until 2015

6/27/2013 - Affordable Care Act Considerations for Retail Companies

6/13/2013 - Wellness Programs: Are They on Life Support? Responding to the Final Regulations

6/11/2013 - The ACA and Collective Bargaining: Smart Negotiations

4/8/2013 - Employer Tax Considerations for Supreme Court’s Pending DOMA Decision

3/21/2013 - The Road to 2014: ACA Considerations for Individuals

3/12/2013 - The Road to 2014: ACA Considerations for Group Health Plans

2/28/2013 - The Road to 2014: ACA Considerations for Employers

12/20/2012 - Group Health Plans: Year-End Action Items, Upcoming Changes, New Guidance

11/15/2012 - 2012 Labor and Employment Fall Webinar Series: Corporate Wellness: What Does the Future Hold?

9/18/2012 - Wellness Program Falls Within ADA Safe Harbor

8/14/2012 - Medical Loss Ratio Rebates: The Clock Is Ticking

7/23/2012 - OCR Releases HIPAA Audit Protocol

6/28/2012 - Employer Group Health Plans and the Constitutionality of the ACA

6/28/2012 - Healthcare Reform Law Stands—With Modifications to State Medicaid Expansion

6/28/2012 - Webinar – The U.S. Supreme Court Speaks: The Affordable Care Act Is Constitutional

6/6/2012 - Internal Revenue Service Issues Guidance on New Research Fee

5/21/2012 - Wellness Programs: Legal Issues and Design Solutions

4/30/2012 - Preparing for the U.S. Supreme Court’s Healthcare Decision

3/28/2012 - Uniform Summary of Benefits and Coverage Under the ACA

3/13/2012 - Summaries of Benefits and Coverage Due This Fall

1/12/2012 - Updated Guidance on Form W-2 Reporting of Healthcare Coverage

12/21/2011 - Group Health Plans: Year-End Action Items, Upcoming Changes

11/28/2011 - Significant Changes to San Francisco Health Care Security Ordinance Require Immediate Employer Action; ERISA Preemption Controversy Reopened

11/18/2011 - HIPAA Privacy and Security Audit Program Begins This Month

10/13/2011 - Now That the Deal Has Closed: Post-Closing Employee Benefits and Executive Compensation Considerations

7/12/2011 - Form W-2 Healthcare Reporting Requirements

12/7/2010 - Group Health Plans: Are You Ready for Healthcare Reform?

12/3/2010 - Health Care Reform: Pre-2014 Employer Group Health Plan Considerations, presented at the BCBS National Tax Conference, Chicago

7/23/2010 - Interim Final Rules Released on Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Patient Protections, and Preventive Care

7/21/2010 - Healthcare Reform Update

6/21/2010 - Interim Final Rules Released on Group Health Plan Grandfather Status Under Healthcare Reform Law

5/21/2010 - Cafeteria Plans, presented at the ABA 24th Annual Institute on ERISA Basics, Chicago

5/14/2010 - Dual Guidance Addresses Many Age 26 Adult Child Issues

5/14/2010 - HHS Releases Interim Final Regulations on Temporary Early Retiree Reinsurance Program

4/14/2010 - Health Care Reform: Employer Group Health Plan Considerations Webinar

4/14/2010 - Immediate Healthcare Reform Law Issues for Group Health Plans Come Into Sharper Focus

1/5/2010 - COBRA ARRA Extension: Better Late Than Never! Webinar