Amanda M. Karpovich is a practice attorney in the Labor Department and a member of the Employee Benefits & Executive Compensation Group. She assists for-profit and not-for-profit entities with their employee benefit programs by counseling clients regarding design, qualification, administration, and compliance issues associated with qualified retirement plans, health and welfare benefits, and fringe benefit programs. Amanda’s experience includes counseling clients regarding fiduciary and governance issues and structures, benefit aspects of corporate transactions, and claims and appeals processes. She also assists clients with preparing plan documents, summary plan descriptions, and other benefit communications.

Amanda frequently counsels clients on health and welfare arrangements, including cafeteria plans, health savings accounts, health reimbursement arrangements, flexible spending arrangements, and wellness programs.  Her experience includes advising clients regarding compliance with ERISA, the Internal Revenue Code, HIPAA, COBRA, MHPAEA, ACA, GINA, Medicare, and state individual mandate laws. Amanda’s health and welfare practice also includes negotiating with plan service providers and managing the qualified medical child support order process on behalf of clients. Amanda has also authored articles regarding health and welfare topics, including those published in the Buffalo Law Journal and Law360.

 

In addition, she has experience counseling public and private, U.S. and international, companies regarding compliance with the federal and state securities laws implicated when granting shares and other awards under equity compensation plans. She has assisted clients in drafting the securities filings required to register or to exempt such shares and awards with the SEC and the U.S. states and advised public companies regarding SEC disclosure of director and executive compensation and employee benefit arrangements in their annual proxy statements. With a diverse background as a securities and an employee benefits and executive compensation attorney, she is able to counsel clients regarding the interplay between the two types of law.

Amanda is a Board member of Big Brothers Big Sisters of Erie, Niagara and the Southern Tier, is the chair of their Young Professionals Board, and a member of their Governance Committee. She is also a member of the Buffalo Niagara Human Resource Association.

Prior to joining Proskauer, Amanda practiced as an associate in the Employee Benefits and Executive Compensation practice group and in the Securities and Capital Markets practice group at a firm located in Buffalo, New York. While in law school, Amanda served as a Judicial Extern in the United States District Court for the Western District of New York, clerking for Judge Leslie Foschio. She was also selected to receive The New York Bar Foundation’s Trusts and Estates Law Section Fellowship and clerked for Judge Barbara Howe in Erie County Surrogate’s Court.

The Office for Civil Rights (“OCR”) at the Department of Health and Human Services (“HHS”) recently issued final regulations (“Reproductive Health Care Rule”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) that narrow the permitted uses and disclosures of protected health information (“PHI”) in the context of an individual seeking, obtaining, providing

The grab bag of retirement provisions in the SECURE 2.0 legislation that was enacted at the end of 2022 included an expansion of the ability for a section 401(k) or 403(b) plan, or a governmental section 457(b) plan, to provide matching contributions on participants’ student loan payments.  Effective for plan years starting after December 31,