| Biography | Before beginning her ERISA legal practice in 2000, Lisa K. Shallue worked for a multi-employer pension plan administrator reviewing all aspects of pension benefit claims and processing QDROs. Having gained 10 years of non-legal ERISA experience, Ms. Shallue joined the employee benefits practice at Miles & Stockbridge immediately after obtaining her J.D. to expand upon her ERISA experience from a legal perspective. Ms. Shallue now represents clients in matters concerning pension, profit sharing, 401(k) and ESOP plans. This includes all aspects of applicable ERISA (reporting and disclosure, minimum participation and vesting, fiduciary responsibilities, claims and enforcement) and tax law compliance. Ms. Shallue regularly updates plan documents to comply with federal legislation and agency pronouncements, prepares various tax forms and drafts plan amendments and other plan-related documents. She also has extensive experience in the development and implementation of QDRO policies and procedures, as well as other plan administrative functions. In addition, she regularly researches state and federal law, including emerging ERISA preemption cases, to provide advice on issues related to her practice. Ms. Shallue also advises sponsors of insured and self-insured welfare plans including health plans, cafeteria plans, health and dependent care FSAs, employee assistance plans and severance plans with respect to applicable ERISA reporting, fiduciary and claims administration law and COBRA and HIPAA obligations. She has counseled several small and large employers with respect to their legal obligations under the HIPAA privacy regulations. Although primarily focused on health plans, she also has experience with covered health care providers. Her HIPAA practice includes reviewing and preparing HIPAA privacy notices, plan amendments, employer certifications, business associate agreements and policies and procedures as well as more complex privacy issues. Often presented with questions involving whether or not certain health care provider-like functions subject an employer to HIPAA compliance, Ms. Shallue has reviewed situations involving on-site clinics, university health centers and nursing stations. This experience includes determining to what extent employers may consolidate or decrease compliance efforts by taking advantage of HIPAA's organized health care arrangement and/or hybrid entity provisions. Ms. Shallue has also responded to many client inquiries concerning HIPAA's interaction with FMLA, ADA, drug testing, due diligence and workers' compensation. Ms. Shallue's experience also includes advising clients with respect to their non-qualified plans. For example, she has reviewed several plan documents to determine applicable FICA tax implications and has also advised clients with respect to golden parachute payments. Finally, she has been involved in a few federal employee benefit cases including an appearance before the Merit Systems Protection Board on appeal from a federal agency decision. Credentials American Bar Association American Jurisprudence Award (Legal Method/Property I) Maryland State Bar Association Phi Delta Phi International Legal Fraternity Publications "Grandfathered Health Plans - Under the Patient Protection and Affordable Care Act," Miles & Stockbridge News Brief (Co-Author) (May 2010). |