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Milwaukee, Wisconsin 53202

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  Labor & Employment
  Employee Benefits & Executive Compensation Law
  Data Privacy and Security


Professional Experience
John Barlament is a partner in the Employee Benefits Group. He represents employers, third party administrators, brokers and benefit consultants in all aspects of employee benefits law. Mr. Barlament has extensive experience in a broad range of issues, including: health care reform (Patient Protection and Affordable Care Act) compliance and strategy; executive compensation issues; assisting both pension and welfare multi-employer plans in all their legal needs; merging and terminating plans; addressing the legal issues with controlling health care costs (such as wellness plan issues); COBRA; consumer-driven health plans (including HRAs and HSAs); HIPAA, including the Privacy Rules and Security Rules; and Medicare Part D issues. He is recognized as a national speaker on these issues and is a contributing author on two of the country’s leading manuals in these areas (EBIA’s Consumer-Driven Health Care and EBIA’s HIPAA Portability, Privacy & Security).

Building upon this deep experience with the HIPAA Privacy and Security Rules, Mr. Barlament has assisted clients with many other privacy and security law issues, including the Gramm-Leach-Bliley Act, data breach notification laws, the Children’s Online Privacy Protection Act (COPPA), web site privacy policies, Social Security number restrictions, the “Red Flags Rule” and international privacy laws (e.g., EU and Canadian privacy laws). He has published articles in this area, including “A Primer on Online Privacy” (Wisconsin Lawyer magazine) and was a contributor to the American Bar Association’s “International Guide to Privacy.” He also has participated in related groups, including the Consortium for Global Electronic Commerce’s E-Security Workgroup.

Education and Honors
  • Duke University School of Law (J.D., 1997)
  • St. Norbert College (B.B.A., summa cum laude, 1994)
Bar Admissions
Wisconsin, 1997

Professional Recognition
Listed in The Best Lawyers in America® (2010-present: Employee Benefits (ERISA) Law).

Professional and Civic Activities
The Associated General Contractors of Wisconsin (Member, 2008).

Greater Milwaukee Employee Benefits Council (Member).

Consortium for Global Electronic Commerce, E-Security Workgroup (Member, 2001-2002).

Selected Presentations/Publications
Speeches

“It’s Your Business...to know about Health Care Reform,” Columbus Community Hospital, March 4, 2013.

The (ACA) Affordable Care Act’s Top Legal Issues for Employers in 2013: Pay or Play and Beyond,” 22nd Annual National Health Benefits Conference & Expo, January 30, 2013.

“SBCs for Employer Health Plans Revisited: Compliance for Major Medical, HRAs, and Other Plans,” EBIA Web Seminar, October 24, 2012.

“Pay or Play: Understanding the Affordable Care Act,” International Foundation of Employee Benefit Plans, October 18, 2012.

“Pay, Play or Just Pray?: Delving into the Nuances of the “Pay or Play” Rule,” 2012 Blue National Summit, September 10-13, 2012.

“Grandfathered Health Plans and Changes to Flexible Spending Accounts,” Wisconsin Manufacturers & Commerce Affordable Care Act Seminar: What You Need to Know to Be Compliant, September 6, 2012.

“Plotting Your Course: Health Care Reform Following the Supreme Court Decision,” Alliance Learning Circle, August 16, 2012.

“Preparing for (and Surviving) a HIPAA Audit,” International Foundation Education Benefits Compensation, May 24, 2012.  

“Final SBC Guidance for Employer Health Plans: Getting Ready for New Open Enrollment Disclosures,” Thomson Reuters/EBIA, April 4, 2012.

“The ‘Nuts and Bolts’ of the New Rules for SBC Compliance,” Health Care Administrators Association Webinar, April 19, 2012.

“Ongoing IRS Guidance on Form W-2 (PPACA) -- Practical Tips for Complying,” International Foundation of Employee Benefit Plans, February 9, 2012. 

“SPDs, SBCs and Plan Documents: Communicating with Participants After Health Care,” Health Care Administrators Association (HCAA), November 9, 2011.

"Managing Privacy and Participant Expectations," 57th Annual Employee Benefits Conference, November 1, 2011.

“SPDs for Group Health Plans,” EBIA Webinar, September 15, 2011.

“Understanding the New Federal Health Care Law,” November 10, 2010.

“Navigating Health Care Reform,” WageWorks Teleweb Seminar, July 20, 2010.

“Patient Protection and Affordable Care Act (PPACA) 2010-2011 Requirements: Enrollment Action Items for Employer-Sponsored Plans,” Private Client Presentation, July 2010.

“Implementation Strategies for New Health Care Legislation,” July 2010.

“Grandfathered Health Plan Guidance Has Landed: Are You “Grandfathered” or Not?” International Foundation of Employee Benefit Plans, July 2010.

“Changes in 2010 and 2011 for Employer-Sponsored Plans: Health Care Reform Drill Down,” Employee Benefits Institute of America, June 3, 2010.

“HIPAA Privacy and Security: The New Requirements,” June 2010.

“HCR: The Next 18 Months,” AAPPO Webinar, June 2010.

“Health Care Reform: What Corporate Employers Need to Know – Tactically and Strategically,” June 2010.

“Health Care Reform: The Impact to Your Company,” June 2010.

“OTC Restrictions, Health FSA Limits, and Simple Plans (Health Care Reform Drill Down),” June 2010.

“Health Care Reform: It’s Here, the Effect on Employers, TPAs and Benefit Consultants,” TPAs and Benefit Consultants, June 2010.

“Health Care Reform: What Employers and Benefit Consultants Need to Know and Do,” Wisconsin Manufacturers and Commerce (WMC) Briefing Series, May 2010.

“HSAs, HRAs and Consumer-Driven Health Care,” Employee Benefits Institute of America (EBIA) Employee Benefits Seminars, Minneapolis, Minnesota, April 14, 2010.

“ERISA Compliance for Health & Welfare Plans,” Employee Benefits Institute of America (EBIA) Employee Benefits Seminars, Minneapolis, Minnesota, April 14, 2010.

“Health Care Reform: What Does It Mean For Your Company?” April 2010.

“Wellness Plans and Smoking Cessation Programs: Impact on the Bottom Line, Interaction with the Law, and Implementation Strategies,” April 2010.

“Taking HIPAA Security/Privacy to the Next Level,” International Foundation of Employee Benefit Plans 55th Annual Conference, November 2009.

“Review of Changes to Employer Group Coverage in Wisconsin,” Wisconsin Association of Health Underwriters Conference, October 21 & 28, 2009.

“Comparison & Analysis of Healthcare Reform Plans,” Wisconsin Association of Health Underwriters Conference, October 21 & 28, 2009.

“New HIPAA Breach Notification Rules - Get Ready for a Quick Effective Date Employee Benefits Institute of America,” Teleweb Seminar, September 9, 2009.

“What You Need to Know: Final Interim Regulations (and Penalties) Related to HIPAA Security Breaches,” International Foundation of Employee Benefit Plans, Teleweb Seminar, August 27, 2009.

“Legal Update: Complying with the New Changes Taking Effect Yet in 2009,” Health Care Administrators Association, June 10, 2009.

“The New HIPAA Privacy and Security Rules: Getting Ready for Important Changes,” Teleweb Seminar, May 28, 2009.

“ERISA Compliance for Health & Welfare Plans,” Employee Benefits Institute of America (EBIA), May 2009.

“Reducing Health Care Costs Without Crossing The Legal Line: Wellness Programs & Other Cost Cutting Strategies,” Alexander Hamilton Institute Teleweb Conference, August 2008. 

“Complying with Code Section 409A,” State Bar of Wisconsin’s 58th Annual Tax School Seminar, Milwaukee, Wisconsin, December 2007.

“HIPAA Privacy and Security Training for Rookies - Basic Training for Individuals Handling Group Health Plan PHI,” Employee Benefits Institute of America, December 2007.

“409A Practical Compliance with the New Rules,” Teleweb Seminar, June 28, 2007.

“Chronic Condition Disease Management,” International Foundation for Employee Benefit Plans, November 2005.

“Health FSAs and HSAs: How They Can Work Together,” Employee Benefits Institute of America, September 2005.

“Obligations of Appointing Fiduciaries,” International Foundation of Employee Benefit Plans, December 2004.

“Consumer-Driven Health Care and Fringe Benefits,” Employee Benefits Institute of America, November 2004.

“HIPPA Security in Plain English,” Employee Benefits Institute of America, October 2004.

“Complete COBRA Compliance Under the New Notification Rules,” Alexander Hamilton Institute, July 2004.

“HIPAA Privacy Rules: Final Preparation for the April 14, 2004 Deadline,” Alexander Hamilton Institute, November 2003.

“Fixing Good Plans That Have Gone Bad: A Practice Handbook,” Lexis Nexis/Mealey’s ERISA: A Practitioner’s Guide, October 2002.

“HIPAA Seminar,” International Foundation for Employee Benefit Plans, December 2001.

“Nonbargaining Unit Impact,” International Foundation of Employee Benefit Plans - Construction Industry Benefits Conference, August 2001.

“The Electronic Workplace: Employees’ Privacy Rights and Employers’ Liabilities,” Employment Relations Seminar, June 2001.

“The Use of Benefits Documents Online,” Employment Relations Seminar, June 2000.

“New HIPAA Breach Notification Rules - Get Ready for a Quick Effective Date,” Employee Benefits Institute of America Teleweb Seminar, September 9, 2009.

“What You Need to Know: Final Interim Regulations (and Penalties) Related to HIPAA Security Breaches,” International Foundation of Employee Benefit Plans Teleweb Seminar, August 27, 2009.

“Legal Update: Complying with the New Changes Taking Effect Yet in 2009,” Health Care Administrators Association Seminar, June 10, 2009.

“The New HIPAA Privacy and Security Rules: Getting Ready for Important Changes,” Teleweb Seminar, May 28, 2009.

“New Stimulus Bill Makes Dramatic Change to COBRA and HIPAA: Action Items for Employers,” Teleweb Seminar, March 3, 2009.

“The New 403(b) Rules: What's Required and When,” Teleweb Seminar, September 5, 2007.

“HIPAA Refresher Course: Privacy and Security,” Teleweb Seminar, August 15, 2007.

“409A Practical Compliance with the New Rules,” Teleweb Seminar, June 28, 2007.

“EBIA Web Seminar: New Rules for Health Savings Accounts (HSAs): What Changes are Allowed and How and When Should We Make Them,” Teleweb Seminar, January 11, 2007.

Publications

"Health Care Guide: Take 5 - John Barlament," The Milwaukee Business Journal, November 15, 2012.

Prepare to ‘Pay or Play’ with Affordable Care Act,” Milwaukee BizTimes, October 15, 2012.

“Computations of Health Benefit Costs On W-2 Ignore Tax Treatment, Attorney Says,” Bloomberg BNA Daily Tax Report, February 2011. 

“Health insurance plans must cover women’s preventive services next year,” The Milwaukee and Southeastern Wisconsin BizTimes, October 14, 2011.

“Quarles & Brady Adds Employee Benefits Atty In Wis.,” LAW360, June 28, 2011.

“Consumer Driven Health Care & Fringe Benefits,” Employee Benefits Institute of America, Manual, 2004-present.

“HIPAA Portability, Privacy and Security Manual,” Employee Benefits Institute of America, Manual, 2002-present.

“IRS Provides Guidance on W-2 Reporting of Employer-Sponsored Group Health Plan Coverage,” Client Alert, April 7, 2011.

“Claims and Appeal Rules Significantly Modified Under New Regulations,” Client Alert, August 20, 2010.

“The Patient Protection and Affordable Care Act Summary,” Client Alert, August 19, 2010.

“IRS, DOL, & HHS Issue Interim Final Regulations on Annual and Lifetime Coverage Limits, Preexisting Condition Exclusions, Coverage Rescission, Emergency Coverage, and Provider Selection,” Client Alert, July 6, 2010.

“Health Care Reform Compliance Alert IRS, DOL & HHS Issue Final Regulations on Grandfathered Plan Status,” Client Alert, June 22, 2010.

“Update: Health Reform Makes Important and Immediate Change in Tax Treatment of Employer-Provided Health Insurance Coverage; IRS Announces that Employer-Provided Health Insurance Coverage is Never Wages for FICA/FUTA Purposes,” Client Alert, May 10, 2010.

“Congress Extends COBRA Premium Subsidy to Cover Involuntary Terminations Through May 31, 2010,” Client Alert, April 20, 2010.

“Health Reform Makes Important and Immediate Change In Tax Treatment of Employer-Provided Health Insurance Coverage in Wisconsin,” Client Alert, April 12, 2010.

“Timeline of Health Care Reform Changes,” Client Alert, April 1, 2010.

“Congress Passes Reconciliation Act Amending the Patient Protection and Affordable Care Act,” Client Alert, March 31, 2010.

“Health Reform Legislation Signed; Will Impact All Employers and Health Plans,” Client Alert, March 24, 2010.

“Congress Extends and Expands COBRA Premium Subsidy Program: Employers Must Review Participant Roles for Participants Eligible for COBRA Based Upon Reduction in Hours,” Client Alert, March 12, 2010.

“Dependent Child Health Insurance Mandate,” Client Alert, March 1, 2010.

“COBRA Subsidy Period and Election Opportunities Extended,” Client Alert, December 21, 2009. 

“Interim Final Health Insurance Rules Under Genetic Information Nondiscrimination Act (“GINA”) Published,” Client Alert, December 18, 2009.

“New HIPAA Breach Notification Regulations Require Immediate Attention,” Client Alert, August 21, 2009.

“Congressional Proposals in Health Care Reform Bills,” Client Alert, July 29, 2009.

“Wisconsin Legislature Passes Act Creating Extended Election Right for Wisconsin COBRA and Expanding Unemployment Compensation Benefits,” Client Alert, May 22, 2009.

“Government Guidance Clarifies Some COBRA Premium Subsidy Issues,” Client Alert, April 17, 2009.

“Department of Labor Releases Model COBRA Notices to Comply With Stimulus Bill Obligations,” Client Alert, March 23, 2009.

“Additional Comments on the COBRA Subsidy Provisions of the American Recovery and Reinvestment Act,” Client Alert, February 25, 2009.

“A Brave New World: The Stimulus Bill and Other Congressional Action Create New Obligations for Benefit Plan Sponsors,” Client Alert, February 17, 2009.

“Stimulus Bill Dramatically Modifies HIPAA Rules — Business Associates and Covered Entities Must Address New Requirements,” Client Alert, February 17, 2009.

“Congressional Bailout Bill Creates New Obligations and Opportunities for Employee Benefit Plans,” Client Alert, November 12, 2008.

“Deadline for 409A Compliance Approaching,” Client Alert, November 3, 2008.

“IRS Extends Deadline for Compliance with Code Section 409A,” Client Alert, November 15, 2007.

“Final 403(b) Regulations Require Greater Employer Responsibility and Increased Documentation,” Client Alert, August 20, 2007.

“Section 409A – Compliance with Final Regulations,” Client Alert, June 14, 2007.

“The Pension Protection Act of 2006: Overview of the Sweeping Changes,” Client Alert, August 24, 2006.

“Disease Management: Legal Implications,” Benefits and Compensation Digest, Published Article, November 2005.

“Drug Testing for Multiemployer Plans: Choosing the Proper Legal Structure,” Employee Benefits Journal, Published Article, March 2004.

“The Impact of HIPAA’s Privacy Rules on Multiemployer Group Health Plans,” Employee Benefits Journal, Vol. 26, No. 24, Published Article, December 2001.

“Consumer-Driven Health Plans: The Basics of Health Savings Accounts,” BNA’s ERISA Compliance and Enforcement Library, Published Article.

“Fiduciary Concerns: Self-Directed Accounts, Investment Discretion and Asset Valuation,” BNA’s ERISA Compliance and Enforcement Library, Published Article.

“HIPAA’s Impact on Employers and Sponsors of Group Health Plans,” BNA’s ERISA Compliance and Enforcement Library, Published Article.