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Harvey D. Cotton
Principal
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Harvey Cotton represents a wide range of employers, both tax-exempt and for-profit, on all aspects of health and welfare benefits matters. Harvey advises clients on the design, drafting, and administration of employee health and welfare plans, with a particular focus on compliance with ERISA, COBRA, and HIPAA and the establishment and maintenance of section 125 cafeteria plans. Harvey also deals extensively with the impact of the Patient Protection and Affordable Care Act and state health care reform on employers and the wide array of health care coverage options available to them.
Formerly a Deputy General Counsel at a major New England not-for-profit health plan where he worked closely with senior management on human resources, employee benefits and corporate matters, Harvey frequently advises employers on the review and selection of high-deductible health plans, health reimbursement accounts, and health savings accounts, as well as options available to Medicare-eligible employees and retirees.
Representative Clients and Matters
- Plan Review and Redesign. Harvey regularly works with employers considering changes to their health and welfare benefits. Among his clients are hospital systems,religious organizations, universities and public companies who have modified health plan options, considered transitions from fully-insured to self-insured coverage, re-designed their employee communications, and conducted dependent enrollment audits, an implemented wellness program and other innovative methods to manage chronic conditions and high cost care.
- Regulatory Compliance. Harvey has successfully represented clients in dealings with state insurance regulators. Among his clients is a religious-affiliated hospital system that sought to manage its fully-insured group health plan in light of its religious beliefs and certain state-mandated health benefits. Harvey also advised a large financial services client on a health savings account compliance matter, seeking clarification from the Internal Revenue Service on certain administrative questions.
- Health Care Reform Implementation. Harvey works extensively with clients on assessing the design and administration of their health plans in light of federal health care reform. Harvey also advises numerous Massachusetts-based clients on compliance with Massachusetts health care reform requirements, and he uses this experience to analyze the anticipated impact of federal reform on the administration of employer health benefits.
Professional & Civic Activities
- Member, Board of Trustees, Temple Sinai, Brookline, MA
- President, Temple Sinai, Brookline, MA, June 2007 - June 2010
- Member, Advisory Board, Massachusetts Community AIDS Partnership, Boston, MA 2004 - 2008
- Member, Board of Directors, Lawyers Alliance for World Security, Boston, MA, 1984 - 2000
Clerkships
- Honorable Frank J. Murray, U.S. District Court for the District of Massachusetts
©1996-2012 Ropes & Gray LLP. All rights reserved.
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Education
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PhD (Law, Policy and Society), Northeastern University, 2003
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JD, Boston University School of Law, 1984
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AB (Philosophy and Economics), Columbia University, 1981
Memberships & Affiliations
- American Health Lawyers Association
- Boston Bar Association
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