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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33424
Experience:  Began practicing law in 1992
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I have been asked by our health insurance provider to have

Customer Question

I have been asked by our health insurance provider to have a lawyer certify that our group is a 'legal" affiliated service grooup under IRC 414(m). i seems pretty clear to me. We have two related companies that meet the provisions of 414(m) and they have been considered one group for health and retirement benefits for over 22 years by all of our previous providers. Now a new insurance provider says they need more proof from a lawyer. What to do?
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. I'm not sure if this is what you're asking, if not please let me know, but the way to have a lawyer certify that your group meets the requirements is to hire a local attorney and have them write an opinion letter setting forth the requirements and then how your group satisfies each requirement. It would also be a good idea for them to attach the proof they rely on (as an exhibit) in stating that each requirement is met. Usually I recommend looking toward a smaller firm when seeking services but in a case like this you may want to look at one of the larger firms in your area and maybe even one that does ERISA work because they are used to examining plans to see if they meet certain definitions and then rendering advice and opinions based on that. There is another, much more expensive alternative, if this doesn't work and that is filing a declaratory judgment action in court but the opinion letter should resolve the issue without the added expense.

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