Norbert Kugele specializes in employee benefits and privacy and information security law. His EB work focuses on health and welfare benefits and the administrative issues associated with them, including COBRA, HIPAA and health care reform. Norbert also helps organizations understand and comply with state, federal and international privacy and information security laws, including HIPAA, Red Flag Rules and breach notification laws.

Representative Experience

  • Helps employers understand and comply with Health Care Reform requirements
  • Works with employers in developing summary plan descriptions and other disclosure documents to effectively communicate benefits and disclosures required under ERISA
  • Conducts nondiscrimination testing for health plans, cafeteria plans, dependent care flexible spending arrangements and group life insurance plans, and advises on plan design strategies to achieve compliance with nondiscrimination requirements
  • Helps employers implement high-deductible health plans, including plans featuring Health Reimbursements Accounts (HRAs) and Health Savings Accounts (HSAs)
  • Negotiates administrative services agreements between plan sponsors and third-party administrators
  • Assists employers and insurers with complex COBRA issues
  • Develops HIPAA privacy and security policies for self-funded health plans
  • Advises insurers on HIPAA privacy and security issues
  • Counsels private and publicly held corporations on executive compensation and severance issues for compliance with Tax Code Sections 409A and 280G
  • Counsels organizations on responding to security breach incidents
  • Represents community hospitals in responding to subpoenas and administrative requests for medical records
  • Develops privacy policies for Internet web sites
  • Counsels companies on European Commission's Directive on Data Protection and U.S.-European Safe Harbor Framework
  • Assists companies with social media policies
  • Frequent speaker at in-house, firm-sponsored and professional association seminars on Health Care Reform, HIPAA privacy and security compliance, COBRA administration, executive compensation and ERISA compliance issues
  • Serves on American Bar Association committees preparing comments to federal agencies on Health Care Reform and HIPAA regulations

Honors and Awards

  • Named to Michigan Super Lawyers 2010-2011
  • Harno Fellow
  • Order of the Coif
  • Note and Comment Editor, University of Illinois Law Review, 1991-92

Bar Associations

  • American Bar Association
    • Health Law Section
    • Intellectual Property Law Section
    • Labor and Employment Law Section
  • State Bar of Michigan
    • Labor and Employment Law Section
    • Taxation Section
    • Computer Law Section
  • Grand Rapids Bar Association

Teaching and Lecturing

  • "Health and Welfare Benefits:  An Update," WNJ Human Resourcs Seminar, May 2, 2012
  • "Are You Ready for W-2 Reporting of the Cost of Employer-Sponsored Health Coverage?," WNJ Webinar, January 31, 2012
  • "Employee Benefits Webinar Series: Health Care Reform Webinar," WNJ Webinar, September 28, 2011
  • "Does HIPAA Keep You Up At Night?," WNJ Seminar, September 20, 2011
  • "What's Next for Health Care Reform?" and "HIPAA: Avoiding Costly Mistakes," WNJ Human Resources Seminar, May 25, 2011, Grand Rapids, Michigan
  • "Health Care Reform Webinar: Nondiscrimination Testing and Other Recent Updates," WNJ Webinar, November 9, 2010
  • "Health Care Reform Update: Grandfathered Plans," WNJ Webinar, July 14, 2010
  • "Health Care Reform Update," WNJ Webinar, April 21 and June 2, 2010
  • "Health Plan Check-Up: The Basics" and "HIPAA Basic Training for Health & Welfare Plan Administrators," WNJ Human Resources Seminar, March 23, 2010, Grand Rapids, Michigan
  • "COBRA Subsidy Extension: What This Means For You," WNJ Webinar, January 27, 2010
  • "The New HIPAA Amendments:  What It Means for You," program cosponsored with Apec Applied Security in Grand Rapids, Michigan, on May 19, 2009
  • "The New COBRA Subsidy Requirements," program on March 26, 2009, Grand Rapids, Michigan
  • "New COBRA Requirements:  Economic Stimulus Program Requires Quick Action," program on March 3, 2009, Grand Rapids, Michigan; and on March 5, 2009, Southfield, Michigan 
  • "Red Flag Compliance:  Protecting Yourself and Your Patients From Identity Theft," program on March 18, 2008, Grand Rapids, Michigan
  • "Time to Shape Up Your Cafeteria Plan," WNJ Human Resources Seminar, September 11, 2008, Grand Rapids, Michigan
  • "Hot Fringe Benefits Issues," WNJ Human Resources Seminar, September 11, 2008, Grand Rapids, Michigan
  • "Does Your Cafeteria Plan Need Updating?," January 9, 2008, Grand Rapids, Michigan

Publications

  • Norbert has authored numerous articles on HIPAA privacy and security issues, structuring of wellness programs, tax code compliance problems for executive compensation arrangements, and electronic delivery of benefit disclosure documents
  • Norbert has also been quoted in articles published in the Grand Rapids Press, the Grand Rapids Business Journal, MIBizWest, the Washington Post and the World Peace Herald

Professional Affiliations

  • American Health Lawyers Association
  • Grand Rapids Area Chamber of Commerce
    • Health Care and Human Resources Committee
    • Chair of Subcommittee on HSAs (2008)
  • Catholic Lawyers of West Michigan

Community Affiliations

  • Grand Rapids Area Chamber of Commerce
    • Health & Human Resources Committee

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