Alden J. Bianchi
Member / Chair, Employee Benefits & Executive Compensation Practice
+1.617.348.3057
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 – 2022)
- Chambers USA: Nationwide – Employee Benefits & Executive Compensation (2010 – 2019)
- Chambers USA: Massachusetts (Band 1) – Employee Benefits & Executive Compensation (2006 – 2021)
- Massachusetts Super Lawyers: Employee Benefits/ERISA List (2006 – 2020)
- Who’s Who in American Law
- Martindale-Hubbell AV Preeminent
- Named as a JD Supra Top Author, Affordable Care Act (2017)
- Legal 500 United States: Employee Benefits and Retirement Plans (2018, 2020, 2021)
Involvement
- Fellow, American College of Employee Benefits Counsel
- Member, BNA Pension & Benefit Publications Advisory Board
Recent Insights
Viewpoints
The Department of Labor Addresses 401(k) Plan Investments in Cryptocurrencies
March 17, 2022 |Blog
Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees
March 7, 2022 |Blog
Hughes v. Northwestern University: Lessons for Retirement Committees and Other Fiduciaries
February 16, 2022 |Blog
News & Press
Mintz Member and Chair of the firm’s Employee Benefits & Executive Compensation Practice Alden Bianchi authored an article published by Bloomberg Tax’s Compensation Planning Journal examining the No Surprises Act, part of the Consolidated Appropriations Act, 2021.
Viewpoints
The Department of Labor Addresses 401(k) Plan Investments in Cryptocurrencies
March 17, 2022 | Blog | By Alden Bianchi
Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees
March 7, 2022 | Blog | By Alden Bianchi
The Consolidated Appropriations Act, 2021 (the “Act”) adopted a series of transparency requirements that apply to employer-sponsored group health plans. These transparency rules impose a series of new and complex obligations on plan fiduciaries that mirror the rules that have governed retirement plan fiduciaries for the last decade. While both pension and welfare plans are subject to ERISA’s fiduciary standards, fiduciary committees, which are common in the case of retirement plans, are far less common where welfare plans are concerned. The new law provides compelling reasons for this to change.
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Hughes v. Northwestern University: Lessons for Retirement Committees and Other Fiduciaries
February 16, 2022 | Blog | By Alden Bianchi
The Supreme Court recently handed down its much-anticipated decision in Hughes v. Northwestern University. The question before the Court is whether the petitioners – current and former participants in two retirement plans maintained by the University – plausibly stated a claim for breach of fiduciary duty. This post reports on the decision and considers its significance to retirement committees and other fiduciaries who oversee and administer plans with participant-directed investments.
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Webinar Recording: Hot Topics in Employee Benefits and Executive Compensation: What's New in 2022?
February 9, 2022 | Webinar | By Michelle Capezza, David Lagasse, Anne Bruno, Alden Bianchi
In this webinar, members from our Employee Benefits & Executive Compensation Practice discuss the latest in how employers must continue to manage their benefits and compensation programs to attract and retain talent. Hear our attorneys talk about 2022 trends in benefits and compensation and how companies should address the wide array of compliance issues affecting their programs.
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Report on the January 19, 2022 Three Agency “Listening Session” on Provider Non-Discrimination Rules: The Impact on Group Health Plans
January 31, 2022 | Blog | By Alden Bianchi
Section 108, Division BB of the Consolidated Appropriations Act, 2021 requires the Departments of Labor, Health & Human Services and the Treasury (the “Departments”) to issue regulations under Section 2706(a) of the Public Health Service Act (the “Provision”). The Provision bars group health plans and health insurance carriers from discriminating, with regard to participation under a plan or coverage, against any health provider that acts “within the scope of its license or certification under applicable state law.” Once issued, these rules will have important consequences for group health plans and other stakeholders.
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Broker and Consultant Compensation Disclosures of General Agent Commissions Under the Consolidated Appropriations Act, 2021
January 11, 2022 | Blog | By Alden Bianchi
In two previous posts, we reported on the rules enacted in Section 202, Division BB of the Consolidated Appropriations Act, 2021 (the “Act”) requiring the disclosure of direct and indirect compensation paid to brokers and consultants who advise group health plans. Our first post focused on the underlying statutory provision; the second post covered the highlights of Department of Labor Field Assistance Bulletin 2021-03. This post addresses the narrow question of the reporting of general agent commissions under the new rules and in light of Field Assistance Bulletin 2021-03. The question is of practical interest, and it also sheds light on the Department of Labor’s initial approach to the interpretation of the statute.
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Department of Labor Issues Advice on Broker and Consultant Compensation Disclosures Under the Consolidated Appropriations Act, 2021
January 5, 2022 | Blog | By Alden Bianchi, Mark Aspis
In Field Assistance Bulletin 2021-03, the Department of Labor (the “Department”) announced a temporary enforcement policy relating to the rules enacted in Division BB of the Consolidated Appropriations Act, 2021 (the “Act”) requiring the disclosure of direct and indirect compensation paid to brokers and consultants who advise group health plans.
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Auditing Standard SAS 136: Raising the Bar for Retirement Plan Sponsors Fiduciary Committees
December 29, 2021 | Blog | By Alden Bianchi
In July 2019, the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA) issued a revised Statement on Auditing Standards No. 136 entitled, “Forming an Opinion and Reporting on Financial Statements of Employee Benefit Plans Subject to ERISA.” Originally slated to take effect for tax periods ending after December 15, 2020, the revised standard was delayed by one year. Audit firms may however choose to adopt the standard on the original effective date.
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Broker and Consultant Disclosures to Group Health Plans under Division BB of the Consolidated Appropriations Act, 2021
December 6, 2021 | Blog | By Alden Bianchi
Division BB of the Consolidated Appropriations Act, 2021 (“Act”) broadly addresses surprise medical billing and health plan transparency. This post focuses on Section 202 of Division BB (the “Provision”), which establishes rules governing the disclosure of direct and indirect compensation paid to brokers and consultants who advise group health plans.
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The Department of Labor’s ESG Proposed Rule: A Retirement Committee Perspective
November 12, 2021 | Blog | By Alden Bianchi
A recently proposed Department of Labor regulation entitled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” (the “Proposal”) addresses the duties of retirement plan fiduciaries when considering economically targeted investments – i.e., investments that take into account environmental, social, and governance (“ESG”) factors. Issued in response to a May 20, 2021 Executive Order, the Proposal would significantly modify prior, Trump-era rules on the subject. This post examines the Proposal from the retirement committee perspective.
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News & Press
Surprise Medical Billing Protections Under the Consolidated Appropriations Act, 2021
November 5, 2021
Mintz Member and Chair of the firm’s Employee Benefits & Executive Compensation Practice Alden Bianchi authored an article published by Bloomberg Tax’s Compensation Planning Journal examining the No Surprises Act, part of the Consolidated Appropriations Act, 2021.
Supreme Court Holds that ERISA Does Not Preempt Arkansas PBM Law: The Impact on Employer Sponsored Health Plans
February 5, 2021
Mintz Member and Chair of the firm’s Employee Benefits & Executive Compensation Practice Alden J. Bianchi and Member Tara E. Dwyer co-authored an article published by Bloomberg Tax & Accounting’s Compensation Planning Journal examining the U.S. Supreme Court’s recent decision in Rutledge v. Pharmaceutical Care Management Association, holding that the Employee Retirement Income Security Act of 1974 (ERISA) does not preempt an Arkansas statute that regulates reimbursement levels paid by Pharmacy Benefit Managers (PBMs) to local pharmacies, and its impact on employer-sponsored group health plans.
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
What’s Next for the Affordable Care Act: Member Alden Bianchi Explains How a U.S. Supreme Court Decision Will Make an Impact
March 6, 2020
Law360 and HealthLeaders Media included quotes from Mintz Member and Chair of the firm's Employee Benefits & Executive Compensation Practice Alden J. Bianchi discussing the recent decision by the U.S. Supreme Court to hear a lawsuit surrounding the Affordable Care Act and potential implications for employers, providers and individuals.
Joint Committee on Taxation Cites Bloomberg Tax Portfolio Authored by Mintz Member Alden Bianchi
July 11, 2019
In a briefing prepared for a public hearing scheduled by the United States House Ways and Means Subcommittee on Social Security, a portion of Mintz Member and Chair of the Employment Compensation practice Alden Bianchi’s Tax Management Portfolio published by Bloomberg Tax, “Employee Benefits for the Contingent Workforce,” No. 399, was cited as a reference.
The Portfolio addressed the employee benefits-related questions and issues that arise in connection with the employment of contingent or alternative workers.
The briefing document was prepared by the staff of the Joint Committee on Taxation: Description of the Social Security Tax Base (JCX-36-11), June 21, 2011. The document can be found at www.jct.gov.
The Portfolio addressed the employee benefits-related questions and issues that arise in connection with the employment of contingent or alternative workers.
The briefing document was prepared by the staff of the Joint Committee on Taxation: Description of the Social Security Tax Base (JCX-36-11), June 21, 2011. The document can be found at www.jct.gov.
Alden Bianchi, Chair of Mintz’s Employee Benefits & Executive Compensation Practice contributed this column discussing how it’s too soon to tell whether the decision in New York v. DOL is a battle in a larger war or the war itself.
Mintz Recognized by Chambers USA 2019
April 26, 2019
Enacted on December 22, 2017, the 2017 tax act (Pub. L. No. 115-97, §13602(a)) added §4960 to the Internal Revenue Code. This new section imposes an excise tax on the amount of ‘‘remuneration’’ in excess of $1 million, plus any ‘‘excess parachute payment’’ paid by an ‘‘applicable tax-exempt organization’’ to a ‘‘covered employee.’’ The Chair of Mintz’s Employee Benefits & Executive Compensation Practice, Alden J. Bianchi, and associate Alexander K. Song, explore §4960 in this article, and conclude that from the perspective of the board or management of an ATEO, there is a lot not to like in §4960 and the IRS’s interpretation of the statute in the Notice.
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.
Waiver sought for health plan fee
June 12, 2018
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.
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
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.
Dear Employer, You Could Owe the IRS Millions of Dollars
March 5, 2018
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.
Individual Mandate Now Gone, G.O.P. Targets the One for Employers
January 14, 2018
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.
‘Skinny’ health plans confuse consumers
November 21, 2017
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.
ACA & Access to Birth Control (Audio)
November 14, 2017
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.
Anthem’s In-House Drug Plan: What Should Employers Expect?
October 24, 2017
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.
Mintz Named Top Firm in Energy and Eleven Attorneys Featured in JD Supra’s 2017 Reader’s Choice Awards
March 20, 2017
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.
Mintz Attorney Alden J. Bianchi Named Chair of Bloomberg BNA Compensation Planning Advisory Board
February 24, 2017
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.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
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
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Jan
21
2022
The New Broker and Consultant Disclosure Requirements
Bring Your Questions to an Expert
Virtual (via Zoom)
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Mar
20
2020
COVID-19 and the Workplace: Guidance Regarding Employment and Benefits Issues Facing Employers Now
View the Webinar Recording
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Sep
29
2016
The Future of Executive Compensation for Tax-Exempt Entities Webinar
Marsh & McLennan Agency
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Apr
19
2016
American Staffing Association Annual Law Conference
American Staffing Association
Gaylord National Resort & Convention Center, 201 Waterfront St., National Harbor, MD 20745
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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
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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
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Jan
28
2016
Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
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Oct
28
2015
American Staffing Association (ASA) Staffing World 2015
American Staffing Association (ASA)
Gaylord Opryland Resort & Convention Center, 2800 Opryland Dr., Nashville, Tennessee
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Oct
8
2015
What You Need to Know About ERISA - A Comprehensive Overview
Bloomberg BNA
731 Lexington Avenue, New York, NY
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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
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Sep
27
2015
Employee Benefits & Healthcare Congress
Employer Healthcare & Benefits Congress (EHBC)
Orange County Convention Center, 9800 International Drive, Orlando, FL
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Apr
29
2015
American Staffing Association Staffing Law Conference
American Staffing Association
Gaylord National Resort & Convention Center, 201 Waterfront St, 20745, National Harbor, MD
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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
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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
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Mar
18
2015