Skip to main content

Alden J. Bianchi

Member / Chair, Employee Benefits & Executive Compensation Practice

[email protected]

+1.617.348.3057

Follow:
Share:

Alden is a highly regarded employee benefits and executive compensation lawyer.

Alden is the Practice Group Leader of the firm’s Employee Benefits & Executive Compensation Practice. He advises corporate, not-for-profit, governmental, and individual clients on a broad range of executive compensation and employee benefits issues, including qualified and non-qualified retirement plans, stock and stock-based compensation arrangements, ERISA fiduciary and prohibited transaction issues, benefit-related aspects of mergers and acquisitions, and health and welfare plans. He is nationally renowned for his advice on the Affordable Care Act's impact on employers. He represented the Romney administration in connection with the historic 2006 Massachusetts health care reform act. Alden has testified before the Senate Finance Committee on the subject of health care reform. His many published works include the Bloomberg/Bureau of National Affairs Health Care Reform Advisor, a comprehensive work on the impact of the Affordable Care Act on employers and employer-sponsored group health plans. He is also the current chair of the Bloomberg Tax Compensation Planning Journal Advisory Board. 

Education

  • Georgetown University (LLM)
  • Boston University (LLM, Taxation)
  • Suffolk University Law School (JD)
  • Worcester Polytechnic Institute (BS)

Experience

  • Served as counsel to a global staffing company on the US regulatory aspects of all of its worldwide stock compensation arrangements. Also advised the company on all US tax-qualified and non-qualified pension plans, welfare arrangements, and fringe benefit programs.
  • Advised CitiGroup on all its U.S. employee welfare benefits programs, including compliance with the Affordable Care Act and a top-to-bottom review of their retiree health benefit plans.
  • Advised the Commonwealth of Massachusetts on the correction of qualification failures under the Commonwealths’ public employee pension plans. The plans in issue have over $80 billion in assets and provide pension benefits to tens of thousands of current and former state employees.
  • Serve as outside benefits counsel to a nationwide pharmacy on all matters relating to their benefit and compensation programs, in addition to representing the company in investigations before government agencies.
  • Advised the ERISA Industry Committee on the Affordable Act and other welfare plan issues and to prepare comments to the Treasury Department on proposed regulations issued under the Affordable Care Act’s employer shared responsibility rules.
  • Retained by Robert Half International to write a comprehensive explanation of the Affordable Care Act for RHI U.S. clients and prospects.
  • Advised a large Massachusetts city on their transfer into a state-sponsored group health arrangement and PBM.
  • Prepared a master ERISA compliance checklist for third-party-administration affiliate of a state-licensed health insurance issuer.
  • Advise William Gallagher & Associates’s benefits brokers and consultants on pension and welfare issues and employment law matters.
  • Served as outside benefits counsel to Protector Group on employee benefits issues with a focus on compliance with the Affordable Care Act.
  • We serve as outside benefits council to PrideStaff on matters relating to compliance with the Affordable Care Act.
  • Served as outside benefits counsel to Paradigm Health Plans on matters relating to compliance with the Affordable Care Act and matters relating to group health insurance products.
  • Serve as outside benefits counsel to the American Staffing Association on benefits and employment matters, and in connection with impact of the Affordable Care Act on ASA members.
  • Routinely advise a regional benefits consulting firm that provides advice to employers with various benefits-related issues.
  • Represented a state Blue Cross Blue Shield organization on a top-to-bottom re-write of their ASO agreements for ERISA-covered plans.

Recognition & Awards

  • Bloomberg BNA: 2015 Federal Tax Contributor of the Year for his article “Information Reporting Under the Affordable Care Act: I.R.C. §6055 and §6056,” which was featured in the Compensation Planning Journal
  • Who’s Who Legal: Labour, Employment & Benefits (2016)
  • Best Lawyers in America: Employee Benefits (ERISA) Law (1995 – 2018)
  • Chambers USA: Nationwide – Employee Benefits & Executive Compensation (2010 – 2017)
  • Chambers USA: Massachusetts (Band 1) – Employee Benefits & Executive Compensation (2006 – 2017)
  • Included on the Massachusetts Super Lawyers: Employee Benefits/ERISA List (2006 – 2018)
  • Who’s Who in American Law
  • Martindale-Hubbell AV Preeminent
  • Named as a JD Supra Top Author, Affordable Care Act (2017)

Involvement

  • Fellow, American College of Employee Benefits Counsel
  • Member, BNA Pension & Benefit Publications Advisory Board

Viewpoints

AHP Blog Button
In the last post in this series, we examined the regulatory response by certain states to the final regulations governing association health plans, which were issued by the U.S. Department of Labor (DOL) in June 2018. On July 26, 2018, 11 states (New York, Massachusetts, California, Delaware, Kentucky, Maryland, New Jersey, Oregon, Pennsylvania, Virginia, and Washington) and the District of Columbia filed a complaint in the U.S. Federal District Court for the District of Columbia seeking to invalidate the final regulations. The case is State of New York et al. v. United States Department of Labor et al, Civ. Action 18-1747. This post scrutinizes the arguments set out in the states’ complaint and their brief filed this past August in support of their Motion for Summary Judgment, which lays out their legal arguments.
Viewpoint

The New Massachusetts HIRD Form

November 2, 2018| Blog

In January 2018, we reported that Massachusetts employers with six or more employees “will soon be required to prepare and file” a new health care reporting form (referred to as the “healthcare coverage form”). Soon has now arrived. The Massachusetts Department of Revenue (DOR) recently issued a set of FAQs that provides a detailed explanation of the new Health Insurance Responsibility Disclosure (HIRD) reporting requirement.
Viewpoint
Alden Bianchi explains the benefits Association Health Plans (AHPs) provide to small employers as well as the concerns they raise for states regarding their impact on the markets.
AHP Blog Button
In a summary of the recently issued Association Health Plan (AHP) final regulations, the U.S. Department of Labor (DOL) rightly observed that AHPs are a species of multi-employer welfare arrangements, or MEWAs, that are subject to regulation under both federal and state laws. The insurance regulators in a handful of states have recently issued guidance that, in most cases, purports to prohibit AHPs from operating as “large group” plans. (The attached table summarizes and provides links to the guidance, state-by-state.) A common, though not universal, theme is that in no case may a collection of small employers be combined to form a large group. Certain states address collateral issues. Pennsylvania, for example, makes the further claim that in no case may a self-employed individual with no employees participate in an AHP. We think that the states have overreached. This post explains why.
Viewpoint
Responding to widespread resistance—principally on the part of small businesses—to the increase in the Employer Medical Assistance Contribution (“EMAC”) contributions and the addition of an EMAC supplemental contribution, Massachusetts lawmakers amended the EMAC rules in 2017 to add hardship waiver provisions. (Click here for a summary of the EMAC rules.) The Massachusetts Division of Unemployment Assistance (DUA) recently issued a proposed regulation implementing the hardship waiver rules. This post examines those proposed regulations.
Viewpoint
Adherence to the COBRA health care continuation rules is not always high on an employer’s list of priorities. Compliance is often “outsourced,” and even when handled “in-house,” it rarely consumes much attention. A recent case, Hager v. DBG Partners, Inc., illustrates that inattention can be costly for employers. This post explains why.
In a series of blog posts going back to last August, we reported on certain amendments to the Massachusetts Employer Medical Assistance Contribution (EMAC) rules. As we previously explained, the EMAC contributions are required of employers with more than five employees in Massachusetts.
This is the first post in a blog series exploring the U.S. Department of Labor’s recently issued final regulation governing Association Health Plans (AHPs). While AHPs can be either fully-insured or self-funded, the final regulation provides rules that are generally more useful to the former than the latter.
Our colleague Alden Bianchi was a guest on a recent episode of Bloomberg Tax’s “Talking Tax” podcast, discussing the U.S. Department of Labor’s new rules for Association Health Plan.
It is not unusual for a creditor of a debtor to cry foul that a non-debtor affiliate has substantial assets, but has not joined the bankruptcy.

News & Press

This feature article discusses allegations that the Labor Department overstepped when it expanded a type of small business health option called an association health plan. Employment, Labor & Benefits Member Alden Bianchi is among the industry sources quoted in the piece.
Member and Leader of the firm’s Employee Benefits & Executive Compensation Practice Alden Bianchi provides commentary for this article discussing the impacts employers are facing of a supplemental fee for workers receiving insurance through MassHealth or the Health Connector.
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Employment, Labor & Benefits Member Alden Bianchi is featured in this article providing commentary on the first round of estimates from the IRS that some employers are getting in terms of penalties they may owe for not providing health coverage to employees.
This article notes the steps being taking by Republicans taking aim at the mandate in the Affordable Care Act that employers offer coverage to employees – and the reaction by many employers who are supporting the efforts.
Alden Bianchi, a Member in Mintz’s Boston office, is quoted in an NBC News article covering the institution of new “skinny” or reduced-cost health care plans being newly offered to individuals struggling to meet the demands of paying for health insurance under the Affordable Care Act.
Alden Bianchi, a Mintz Member, was interviewed for a Bloomberg Law podcast about a move made by the New York Attorney General to protect New Yorkers’ access to birth control, in response to the Trump administration allowing employers to deny women free birth control under the Affordable Care Act.
Mintz Member Alden Bianchi was quoted in a Bloomberg Law article on Anthem’s aim to have its own pharmacy benefit manager in 2020. This could allow more integrated medical and pharmacy benefits for employers, according to the article.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Alden Bianchi, a Member in Mintz’s Boston office, authored an article in The Practical Lawyer on the evolving regulations placed on workplace wellness programs. Alden cites the impact these programs can have on holding down health care costs for employers.
JD Supra has recognized Mintz in its 2017 Reader’s Choice awards, highlighting the most widely read authors and articles over the past year. Eleven Mintz attorneys were named JD Supra Top Authors in four industries and Mintz was recognized as the Top Firm with readers in the Energy Industry.
Alden J. Bianchi, Practice Group Leader of Mintz's Employee Benefits and Executive Compensation Practice, has been named Chair of Bloomberg BNA’s Compensation Planning Advisory Board.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Alden Bianchi, a Member in the Mintz Boston office, authored this Bloomberg BNA column discussing two new reporting requirements of particular interest to employers included in the Affordable Care Act’s amendment to the Internal Revenue Code (I.R.C.) of 1986.
Alden Bianchi, a Mintz Member and employee benefits lawyer, is quoted in this Inside Counsel article discussing the likelihood of the Affordable Care Act’s "Cadillac" tax implementation and its impact.
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”

Events

Speaker
Nov
7
2018

Boston Employment Law Summit

One Financial Center, Boston, MA

Speaker
Speaker
Speaker
Apr
19
2016

American Staffing Association Annual Law Conference

American Staffing Association

Gaylord National Resort & Convention Center, 201 Waterfront St., National Harbor, MD 20745

Panelist
Jan
30
2016

ABA Tax Section 2016 Midyear Meeting

American Bar Association

JW Marriott Los Angeles L.A. LIVE, 900 W Olympic Blvd, Los Angeles, CA 90015-1328

Panelist
Jan
29
2016

ABA Tax Section 2016 Midyear Meeting

American Bar Association

JW Marriott Los Angeles L.A. LIVE 900 W Olympic Blvd. Los Angeles, CA 90015-1328

Speaker
Jan
28
2016

Second Annual Employment Law Summit

The Princeton Club 14 West 43rd Street, New York, New York

Speaker
Oct
28
2015

American Staffing Association (ASA) Staffing World 2015

American Staffing Association (ASA)

Gaylord Opryland Resort & Convention Center, 2800 Opryland Dr., Nashville, Tennessee

Speaker
Oct
8
2015

What You Need to Know About ERISA - A Comprehensive Overview

Bloomberg BNA

731 Lexington Avenue, New York, NY

Speaker
Oct
1
2015

The Affordable Care Act: What's Trending and What's Next

The TemPositions Group

20 Lexington Avenue, 21st Floor, New York, NY

Speaker
Sep
27
2015

Employee Benefits & Healthcare Congress

Employer Healthcare & Benefits Congress (EHBC)

Orange County Convention Center, 9800 International Drive, Orlando, FL

Speaker
May
13
2015

Massachusetts Employment Law Summit

Mintz Levin

Boston, MA

Speaker
Apr
29
2015

American Staffing Association Staffing Law Conference

American Staffing Association

Gaylord National Resort & Convention Center, 201 Waterfront St, 20745, National Harbor, MD

Speaker
Apr
22
2015

The Year in Benefits: Insights from Leaders in the Benefits Field

The American Law Institute Continuing Legal Education Group

1250 Columbus Avenue, 94133 San Francisco, CA

Speaker
Apr
8
2015

The Year in Benefits: Insights from Leaders in the Benefits Field

The American Law Institute Continuing Legal Education Group

415 New Jersey Avenue, NW, Washington, DC 20001, Washington, DC

Speaker
Mar
18
2015

23rd National HIPAA Summit

Global Healthcare, LLC

2500 Calvert Street, Northwest, 20008, Washington, DC