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 – 2021)
- Chambers USA: Nationwide – Employee Benefits & Executive Compensation (2010 – 2019)
- Chambers USA: Massachusetts (Band 1) – Employee Benefits & Executive Compensation (2006 – 2019)
- Included on the 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)
Involvement
- Fellow, American College of Employee Benefits Counsel
- Member, BNA Pension & Benefit Publications Advisory Board
Recent Insights
Viewpoints
News & Press
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.
Viewpoints
Retirement Committee Field Guide: The Basics of Retirement Committee Organization and Operation – Part 2
April 15, 2021 | Podcast | By Alden Bianchi
In this episode, we are joined by Mark Wetzel, Managing Partner, President of Fiducient Advisors, who will help us continue our exploration surrounding what retirement committees do and how they operate.
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The American Recovery Plan Provides (Generous and Administratively Challenging) COBRA Subsidies
March 18, 2021 | Blog | By Alden Bianchi
The recently enacted American Rescue Plan Act of 2021 (the “Act”) creates a federal subsidy covering 100% of COBRA premiums for certain employees and other qualified beneficiaries. The subsidy is payable during the six-month period commencing April 1, 2021 and ending September 30, 2021. Individuals who previously experienced an involuntary termination, or reduction in hours, but who did not elect COBRA, are allowed to enroll. Similarly, individuals who dropped COBRA coverage, but who are still within their original COBRA coverage period, are allowed to re-enroll. Employers are reimbursed for the cost of the subsidy through a payroll tax credit.
Read more
Retirement Committee Field Guide: The Basics of Retirement Committee Organization and Operation – Part 1
March 11, 2021 | Podcast | By Alden Bianchi
In this inaugural episode in our series, Mintz’s Alden Bianchi interviews Marsh & McLennan Agency’s Bob Clark to explore the basics of retirement plan governance, with a particular focus on the following topics:
Read more
Agencies Issue Needed Guidance on COBRA Elections During the COVID-19 “Outbreak Period”
March 3, 2021 | Blog | By Alden Bianchi
On February 26, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued Notice 2021-01 (the “Notice”). The Notice was issued jointly with the Department of the Treasury, the Internal Revenue Service and the Department of Health and Human Services (the “Departments”). Entitled “Guidance on Continuation of Relief for Employee Benefit Plans and Plan Participants and Beneficiaries Due to the COVID-19 (Novel Coronavirus) Outbreak,” the Notice provides much needed guidance to group health plan sponsors on (among other things) when COBRA notice and election periods, which had been previously extended [in May 2020], will come to an end. This guidance was necessary because earlier regulatory relief extending COBRA notice and election periods was about to expire as a result of a statutory deadline. This post explains the impact of the Notice on sponsors of group health plans.
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Navigating Voluntary COVID-19 Vaccination Programs & Incentives
February 19, 2021 | Blog | By Corbin Carter, Alden Bianchi
As COVID-19 vaccines become more available, employment-based programs requiring or incentivizing employee vaccination will become more commonplace. In a previous post, we covered recent employer guidance from the CDC, with a particular focus on mandatory workplace testing programs. This post examines how an employer might design a voluntary workplace vaccination program using incentives to encourage participation, and how to avoid potential pitfalls in doing so.
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The Impact of the Consolidated Appropriations Act on Flexible Spending Arrangements
January 25, 2021 | Blog | By Alden Bianchi
In this post we begin an in-depth examination of these provisions starting with the Consolidated Appropriations Act’s effect on flexible spending arrangements, which provides employers with an expanded set of options to allow mid-year election changes.
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Overview of the Impact of the Consolidated Appropriations Act on Employee Benefit Plans, Programs and Arrangements
January 13, 2021 | | By Alden Bianchi
Recently enacted H.R. 133, the Consolidated Appropriations Act, 2021 (“the Act”), is a massive, 5,593-page piece of legislation that includes appropriations for the U.S. government for the upcoming fiscal year and funding for coronavirus emergency response and relief, among many other things.
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Supreme Court Holds that ERISA Does Not Preempt Arkansas PBM Law: The Impact on Employer Sponsored Group Health Plans
December 31, 2020 | Blog | By Alden Bianchi, Tara E. Dwyer
In a recently decided case, Rutledge v. Pharmaceutical Care Management Association, the U.S. Supreme Court held 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.
Read more
Labor and Treasury Departments and IRS Issue Relief to Employee Benefit Plan Participants & Beneficiaries during the COVID-19 National Emergency
April 30, 2020 | Blog | By Alden Bianchi
On April 29th, in connection with the National Emergency declaration related to COVID-19, the Department of Labor, the Department of the Treasury, and the Internal Revenue Service (the “Agencies”) jointly issued a final emergency regulation which aims to minimize the loss of employee benefits due to certain ERISA and Internal Revenue Code-related compliance failures. Specifically, the final regulation provides relief for HIPAA special enrollment rights, COBRA elections and notices, and ACA-mandated internal and external review timeframes. According to the final regulation, plans must disregard the period from March 1, 2020 until sixty (60) days after the announced end of the National Emergency, or such other date announced by the Agencies in a future notice. This period is referred to as the “Outbreak Period.”
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The Impact of the CARES Act on 401(k) and Other Defined Contribution Plans
April 28, 2020 | Blog | By Alden Bianchi, Patricia Moran
In a previous post, we covered the impact of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on employee welfare benefit plans, programs, and arrangements. This post explains how this new law affects tax-qualified 401(k) and other defined contribution plans.
Read more
News & Press
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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Mar
20
2020
COVID-19 and the Workplace: Guidance Regarding Employment and Benefits Issues Facing Employers Now
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Speaker
Sep
29
2016
The Future of Executive Compensation for Tax-Exempt Entities Webinar
Marsh & McLennan Agency
Webinar
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
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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