Advisory Opinion on Application of Title I to Certain Health Benefits

Advisory Opinion 2011-02A provides guidance to the State of Florida on the application of Title I of ERISA to certain health benefit programs.

Document Excerpts

This letter is in response to your request for guidance on behalf of the State of Florida Department of Financial Services (DFS) regarding the applicability of Title I of the Employee Retirement Income Security Act of 1974 (ERISA) to certain health benefits programs offered by Depawix Health Resources, Inc. (Depawix) and Peck & Peck, Inc. (Peck & Peck) d/b/a Green Cross Managed Health System (Green Cross). Specifically, you ask whether certain health benefits programs offered or provided through Green Cross (collectively the “Green Cross Program” or “Program”) and the Depawix Employee Welfare Benefit Plan (Depawix Plan) are “multiple employer welfare arrangements” (MEWAs) within the meaning of ERISA section 3(40). You also ask whether ERISA section 514(a) precludes the State of Florida from applying its insurance laws and regulations to these entities and programs or to any persons who sell or market them in Florida.(1) As set forth below, we conclude that the Program and the Depawix Plan are MEWAs and that ERISA does not supersede the application of Florida insurance law to them. The Department’s conclusion is based on facts and information you provided, and information found on Depawix and Green Cross websites.(2)


About Us

Benefits Forward is a news site for professionals in the field of employee benefits. Our goal is to provide the latest information about the benefits field and to host a community discussion regarding related issues.

Seminars, Conferences & Other Events

  • Sorry, there are no articles in this category.

Need Help Correcting Plan Errors?

Contact us for either consultation on how you can Self Correct or to propose cost effective correction methods using VCP. Or contact us to submit under VCP on your behalf or on behalf of your client. Contact us by email.