(617) 348-3057
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Boston, MA 02111

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Alden J. Bianchi

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(617) 348-3057 office phone

ajbianchi@mintz.com email

One Financial Center
Boston, MA 02111

Alden J. Bianchi is the Practice Group Leader of the firm’s Employee Benefits & Executive Compensation Practice and a Member in the Employment, Labor & Benefits Section.

He advises corporate, not-for-profit, governmental, and individual clients on a broad range of executive compensation and employee benefits issues, including qualified and nonqualified 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. Alden represented the Romney administration in connection with the historic 2006 Massachusetts health care reform act, and he has testified before the Senate Finance Committee on the subject of health care reform. He is a member of the BNA Pension & Benefit Publications Advisory Board, a resource to one of the nation’s premier tax and legal publishers, Tax Management, Inc./Bureau of National Affairs.

Alden is a graduate of Worcester Polytechnic Institute and the Suffolk University and Georgetown University law schools, and he holds an LL.M. in taxation from Boston University School of Law. He is listed in Woodward & White’s Best Lawyers in America and Marquis’ Who’s Who in American Law, and was also nationally recognized in the 2011 edition of Chambers USA: America's Leading Lawyers for Business as a leader in his field. Annually since 2006, Alden has been recognized as a Massachusetts Super Lawyer by the publishers of Boston Magazine. He is also a Fellow of the American College of Employee Benefits Counsel.

Books

Employer’s Guide to the 2006 Massachusetts Health Care Reform Act, published by Mintz Levin (2007)

EPCRS — Plan Correction and Disqualification, published by BNA/Tax Management, Inc. (2005)

Contributing Author: Human Resources 2006, Answers to Your Top 25 Questions, published by Thompson Publishing Group (2005)

Benefits Compliance—An Overview for the HR Professional, published by WorldatWork (2003).

Employee Benefits for the Contingent Workforce (399 T.M.), published by BNA/Tax Management (2002).

Contributing Author: What Estate Planners Need to Know About (Chapter 5, Employee Benefits), published by Massachusetts Continuing Legal Education, Inc. (2001).

Plan Disqualification and ERISA Litigation (374-2nd T.M.), published by BNA/Tax Management, Inc. (August 1999).

Articles

“American Health Insurance Exchanges Under the Patient Protection and Affordable Care Act: An Overview and Primer,” BNA Tax Management Compensation Planning Journal, Vol, 39, No. 10 (October 7, 2011)

“Assessing the Impact of the Health Care Reform Insurance Nondiscrimination Rules on Executive Employment, Severance, and Change-of-Control Agreements,” Tax Management Compensation Planning Journal, Vol. 39, No. 3 (March 4, 2011)

“PPACA Will Affect Post-termination Medical Benefits,” Employee Benefits News | Legal Alert (December 10, 2010)

“Handicapping Healthcare Reform's Impact on Retailers,” Chain Store Age: The News Magazine for Retail Executives (August 4, 2010)

“The Impact of Federal Health Care Reform on Employers and Employer-Sponsored Group Health Plans: An Overview and Retrospective," Tax Management Compensation Planning Journal, Vol. 38, No. 7 (July 2, 2010)

“Health Care Reform Guide for Staffing Firms,” American Staffing Association issue/paper by Edward A. Lenz (Senior Vice President, Public Affairs and General Counsel, ASA) and Alden J. Bianchi (July 1, 2010)

“Complying with the HIPAA Privacy and Security Mandates under the HITECH Act: A Business Associate’s Perspective,” BNA Health IT Law & Industry Report (February 8, 2010)

“Voluntary Corrections of Section 409A Operational Failures: IRS Notice 2008-113 and Beyond,” Journal of Taxation and Regulation of Financial Institutions, Vol. 23, No. 2 (November/December 2009)

“Reexamining HIPAA privacy rule through GINA,” Employee Benefit News | Legal Alert (November 6, 2009)

“An Overview of the Impact of the American Recovery and Reinvestment Act of 2009 on the HIPAA Medical Privacy and Security Rules,” Tax Management Compensation Planning Journal, Vol. 37, No. 9 (September 4, 2009)

"No time to waste: HHS issues HIPAA breach notification rules," Employee Benefit News Legal Alert (August 28, 2009)

"Marriage Debate Has Wide Implications on Benefits," Boston Business Journal (July 31, 2009)

“HIPAA Reform Raises the Bar on Privacy Compliance,” Employee Benefit News Legal Alert (June 5, 2009)

“Massachusetts’ Health Reform Eyes Premium Contribution Audits," Employee Benefit News Legal Alert (June 5, 2009)

“An Introduction to the Temporary Federal Subsidy for COBRA Premium Assistance Under the American Recovery and Reinvestment Act of 2009,” Tax Management Compensation Planning Journal, Volume 37, No. 5 (May 1, 2009)

“The Regulation of Non-Qualified Deferred Compensation Under the American Jobs Creation Act of 2004 and its Antecedents,” BNA Tax Management Memorandum (December 8, 2008)

“Valuing and Taxing Health Benefits Provided to Divorced Spouses, Domestic Partners, and ‘Non-Dependant’ Dependants,” Journal of Taxation and Regulation of Financial Institutions (July/August 2008)

“Employee Benefits for the Contingent Workforce,” Tax Management (July 2008)

“How to Solve the ‘Microsoft’ Problem,” Contingent Workforce Strategies (March 2008)

“Worker Classification, Co-Employment, and the Efficacy of Assignment Limits: How Not to Solve the ‘Microsoft’ Problem,” BNA Tax and Accounting Insights & Commentary (December 2007)

“401(k) Disclosure Guidance Probably Not the Last Word,” Boston Business Journal (December 21, 2007)

“The (Code § 409A) Elephant in the (Deferred Compensation) Room: Adjusting to New Realities After the American Jobs Creation Act of 2004,” New York University Review of Employee Benefits and Executive Compensation (2007)

“Mixing Oil and Water: Backdated Stock Options Under IRC Section 409A,” Benefits Law Journal, Volume 20, No. 2 (Summer 2007)

“An Employer’s Guide to the 2006 Massachusetts Health Care Reform Act,” BNA Tax Management (April 6, 2007)

“The Impact of Technical Corrections to the Massachusetts Health Care Reform Act on Employers and Employer-Sponsored Group Health Plans,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (December 1, 2006)

“The Effects of § 409A on Mergers, Acquisitions and Reorganizations,” BNA Tax Management Memorandum (July 10, 2006)

“Massachusetts Enacts Landmark Heath Care Reform Bill: An Overview of H. 4850, An Act Providing Access to Affordable, Quality, Accountable Health Care,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (April 13, 2006)

“A HIPAA Guide for Brokers and Consultants-Part 2,” Employee Benefit Advisor Magazine (March 2006)

“A HIPAA Guide for Brokers and Consultants-Part 1,” Employee Benefit Advisor Magazine (February 2006)

“Getting to Know (and Love) the Short-Term Deferral Rule,” BNA Tax Management (February 1, 2006)

“The Effects of Internal Revenue Code § 409A on the Design and Operation of Ineligible Plans of Deferred Compensation of Tax-Exempt Employers,” Tax Management Compensation Planning Journal, Volume 33, No. 9 (September 2, 2005)

“Benefits Client Alert: IRS and Treasury Extend the FSA Use-It-Or-Lose-It Rule,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (May 19, 2005)

“AARP v. EEOC and the Future of Employer-Sponsored Retiree Health Plans,” BNA Tax Management, Inc. - Insights and Commentary (May 2, 2005)

“Benefits Advisory: An Employer’s Guide to the Medicare Part D Outpatient Prescription Drug Benefit-Notices of Creditable Coverage and the Retiree Prescription Drug Subsidy,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (March 22, 2005)

“The HIPAA Security Rule: Questions and Answers for Employer Group Health Plans,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (February 17, 2005)

“Anatomy of a Paradigm Shift: An Overview of the Deferred Compensation Provisions of the American Jobs Creation Act of 2004,” Tax Management Compensation Journal, Volume 33 No. 2 (February 2, 2005)

“The Impact of the Working Families Tax Relief Act of 2004 on the Definition of ‘Dependent’ for Employee Benefit Plan Purposes,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory ( November 30, 2004)

“Valuing and Taxing Employment-Based Medical Benefits Provided to Domestic Partners and Same-Sex Spouses,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (August 2004)

“Massachusetts Department of Revenue Issues (Its First) Same Sex Marriage Guidance: Assessing the Impact on Employee Benefits Plans,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (August 2004)

“Medicare Reform, Health Savings Accounts and the Future of Consumer Directed Health Care,” Tax Management Memorandum (June 28, 2004)

“Reaching for High-Hanging Fruit, the IRS Issues Guidance on the Interaction of HSAs with ‘Other Health Arrangements,’” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Alert (May 20, 2004)

“HIPAA Hits Home for Small Businesses,” Worcester Business Journal (March 22, 2004)

“Memo to Employers: Time to Pay Attention to 401(k) Plan Governance,” Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., Client Advisory (March 8, 2004)

“Employment and Benefits Issues Involving Same-Sex Marriage in Massachusetts: An Employer’s Guide,” Compensation & Benefits (November/December 2004)

“Update on HRA and FSA Electronic Card Transactions,” American Bar Association, Section of Taxation, Employee Benefits Committee (January 2004)

“Medicare Reform and the Future of Employer-Based Retiree Medical Benefits,” American Bar Association, Section of Taxation, Employee Benefits Committee (January 2004)

“An Employer’s Guide to the Protection of Medical Information Under the HIPAA Privacy Rules,” Tax Management Compensation Planning Journal, Volume 31, No. 9 Part I (September 5, 2003)

“An Employer’s Guide to the Protection of Medical Information Under the HIPAA Privacy Rules,” Tax Management Compensation Planning Journal, Volume 31, No. 9, Part II (September 5, 2003)

“Kentucky Association of Health Plans v. Miller: The Expanding Scope of the ERISA Saving Clause and the Future of State Regulation of Managed Care Organizations,” Tax Management Memorandum, Volume 44, No. 15 (July 28, 2003)

“An Employer’s Guide to the Protection of Medical Information Under the Privacy Rules and Other Administrative Simplification Provisions of the Health Insurance Portability and Accountability Act of 1996,” White Paper published by CMEA The Employers Association, Worcester, MA (January 2003)

“Rush Prudential HMO Inc. v. Moran and the Future of ERISA Preemption,” Tax Management Compensation Planning Journal, Volume 30, No. 10 (October 4, 2002)

“The Economic Growth and Tax Relief Reconciliation Act of 2001—(Selected) Issues, Questions and Anomalies,” Tax Management Compensation Planning Journal, Volume 30, No. 4 (April 5, 2002)

“A Brief History of the Employee Plans Compliance Resolution System,” BNA ERISA Compliance & Enforcement Library (2002)

“Three Private Rulings Give Additional Demutualization Guidance Affecting Employee Benefit Plans,” Journal of Taxation of Financial Institutions, Volume 15, No. 2 (November/December 2001)

The IRS Weighs In With Some Additional Demutualization Guidance Affecting Employee Benefit Plans

“Recent DOL Guidance on the Apportionment of Insurance Company Demutualization Awards Paid to Employee Benefit Plans,” Journal of Taxation of Financial Institutions, Volume 14, No. 6 (July/August 2001)

“The Apportionment of Insurance Company Demutualization Awards Paid to Employee Benefit Plans,” Journal of Taxation of Financial Institutions, Volume 14, No. 5 (May/June 2001)

“What Color Is Your Employee Badge? (Managing the Contingent Workforce After the Microsoft and Time Warner Cases),” Worcester Business Journal, Volume 11, No. 12 (August 14–27, 2000)

“Managing the Contingent Work Force After the Microsoft and Time Warner Cases,” The Corporate Counsellor, Volume 15, No. 3 (August 2000)

“Managing the Contingent Workforce,” Journal of the International Pension and Employee Benefits Lawyers Association, No. 34 (December 2000)

“Supreme Court Decision May Expose HMOs/Health Plans to Liability Previously Off-Limits,” Massachusetts Bar Association/Section Review, Volume 3, No. 1 (Winter 2000)

“Of Scrivener’s Errors, Walk-in CAP, and the Correction of ‘Inadvertent Plan Document Failures,’” Tax Management Compensation Planning Journal, Volume 28, No. 9 (September 1, 2000)

“Microsoft, Time Warner and the Perils of Worker Misclassification,” Tax Management, Volume 41, No. 15 (July 17, 2000)

“In Brave New World, Who Is an Employee?” The National Law Journal, Volume 22, No. 44 (June 26, 2000)

“Model Corrections and Earnings Adjustment Methods Under Revenue Procedure 2000-16,” BNA Tax Management Compensation Journal (April 2000)

“Understanding ERISA Preemption of Claims for Medical Benefits,” Massachusetts Bar Association, Section Review (March 2000)

“Claims Against Employers for Negligent Benefit Plan Administration: Preparing for the Next Wave,” The Betterley Report (February 2000)

“Insurance Company Demutualization and Welfare Benefit Plans,” BNA Tax Management Compensation Journal (November 1999)

“Fixing Broken Retirement Plans,” Benefits & Compensation Solutions (September 1999)

“Making Your Retirement Plan Work (For You),” Group Dynamics: PIAM Quarterly Newsletter for Group Practices (Spring/Summer 1999)

“Fixing Broken Retirement Plans,” Worcester Business Journal (August 1999)

“The Impact of the ERISA Preemption Doctrine On Rising Health Care Costs (A Postcard From the Edge of Health Care Reform),” The Betterley Report (January 1999)

“New Bumps On the Rocky Road to COBRA Compliance,” Human Resources Management Association Newsletter (December 1998)

“The ERISA Preemption Doctrine and the Assignment of Employee Welfare Plan Benefits,” BNA Tax Management Compensation Journal (October 1997)

“Emerging Managed Care Liabilities of Employers and Managed Care Organizations,” Betterley’s Risk Management (July 1996)

“Medicare Secondary Payer Rules,” Worcester Business Journal (October 1991)

Admissions

District of Columbia
Illinois
Massachusetts

Education

Boston University
LLM
Georgetown University
LLM
Suffolk University
JD
Worcester Polytechnic Institute
BS

Publications

Employment, Labor & Benefits Advisory: IRS Issues Additional Guidance under the Affordable Care Act on Informational Reporting to Employees of the Cost of Group Health Insurance Coverage
Employment, Labor & Benefits / Health Law Advisory: Department of Health and Human Services Issues Bulletin Outlining Essential Health Benefits, Granting Significant Flexibility to the States
Employment, Labor & Benefits Advisory: Battle of the Comments under Code § 36B
Employment, Labor & Benefits Advisory: Treasury/IRS Propose Safe Harbor under Affordable Care Act’s Employer Responsibility Rule for Determining “Household Income”
Employment, Labor & Benefits Advisory: Labor, Health and Human Services, and Treasury Departments Issue Proposed Regulations Implementing the “Summary of Benefits and Coverage” Requirement under the Affordable Care Act
5 Reasons Employers Should Keep Domestic Partner Benefits
Employment, Labor & Benefits Advisory: Treasury Department Proposes Rule Implementing Premium Tax Credits Under the Affordable Care Act
An Employee Benefits View of Same-Sex Marriage in NY
Employment, Labor & Benefits Advisory: DOL, HHS and IRS Issue Amendments to Rules Relating to Internal Claims and Appeals and External Review Processes under the Affordable Care Act
Employment, Labor & Benefits Alert: Warning: ERISA “Plan Assets” May Be Involved
Employment, Labor & Benefits Advisory: Non-Profit Organizations and Government Entities Prepare for New Regulations for "Golden Handcuff" Plans Under Section 457(f) of the Internal Revenue Code
Employment, Labor & Benefits Advisory: Comments Requested on PPACA Employer Mandates
Employment, Labor & Benefits Advisory: U.S. Department of Labor Issues Sixth Set of Frequently Asked Questions under the Patient Protection and Affordable Care Act
Employment, Labor and Benefits Alert: IRS Delays Enforcement of the Insured Group Health Plan Nondiscrimination under the Patient Protection and Affordable Care Act
Employee Benefits Advisory: Departments of Labor and Health and Human Services Issue Joint Guidance under the Affordable Care Act and MHPAEA
Employee Benefits Advisory: Department of Labor Issues Proposed Rule Broadening Types of Investment Advice Giving Rise to Fiduciary Status
Health Care Reform Advisory: U.S. Department of Labor Issues Two Additional Sets of Frequently Asked Questions under the Affordable Care Act
Health Care Reform Advisory: Department of Labor Issues Q&As Regarding Selected Provisions of the Affordable Care Act
Health Care Reform Advisory: IRS, DOL, and HHS Issue Guidance on Preventive Care under Health Care Reform
Employment, Labor and Benefits and Health Law Advisory: Finally! HHS Issues Proposed Rule Implementing Changes to the HIPAA Privacy, Security and Enforcement Rules under HITECH
Health Care Reform Advisory: Departments of Treasury, Labor, and Health and Human Services Publish Interim Final Rules Implementing “Grandfather” Rules under Health Care Reform
Health Care Reform Advisory: Medicare in the 21st Century: Achieving Quality and Efficiency Through Payment and Service Delivery Reforms
Health Care Reform Advisory: Bringing Health Care Technology Home—Senate Holds First Hearing on the National Broadband Plan and Health IT
Health Care Reform Advisory: The “Employer Responsibilities” Requirement of The Patient Protection and Affordable Care Act: A View from the Weeds
Health Care Reform Advisory: FAQs: Health Care Reform and Employee Benefits
Health Law and Employee Benefits Alert: HHS Announces Delay in Enforcement of HITECH Rules as Applied to Business Associates
Health Care Reform Advisory: Assessing the Impact of Federal Health Care Reform on Employers and Employer-Sponsored Group Health Plans
Employee Benefits and Executive Compensation Advisory: New Rules Expand Mental Health and Substance Use Disorder Parity Requirements
Employee Benefits Alert: COBRA Subsidy Now Available through March 31, 2010
Employee Benefits and Executive Compensation / Health Law Advisory: Complying with the HIPAA Privacy and Security Mandates under the HITECH Act: A Field Guide for Benefits Brokers and Consultants and other Business Associates
Health Care Reform Advisory: Assessing the Impact of Federal Health Care Reform on Employers and Group Health Plans
Health Care Reform Advisory: Solidarity in a Sea of Dissent - Consistencies Between the House and Senate Bills' Provisions Targeting Fraud and Abuse
Health Law / Employee Benefits and Executive Compensation Alert: HHS Issues Interim Final Rule Implementing Civil Penalty Provisions of HITECH Act
Employee Benefits and Executive Compensation / Health Law Advisory: Department of Health and Human Services Issues Proposed Regulation Updating the HIPAA Privacy Rule for Changes under the Genetic Information Nondiscrimination Act of 2008
Employee Benefits and Executive Compensation / Health Law Advisory: DOL, Treasury and HHS Issue Joint Interim Final Rule under Title I of the Genetic Information Nondiscrimination Act of 2008 (Relating to Group Health Plans and Health Insurance Issuers)
Employee Benefits Advisory: Massachusetts Division of Health Care Finance and Policy Issues Final Rule Clarifying Application of the Fair Share Contribution Requirement under the Massachusetts Health Care Reform Act
Employee Benefits Advisory: Updated Employers' Guide to the 2006 Massachusetts Health Care Reform Act
Employee Benefits and Executive Compensation / Health Law Advisory: HHS Issues Rules Relating to Breach Notification and Related Items under the HITECH Act
Employee Benefits Advisory: Massachusetts Division of Health Care Finance and Policy Issues Guidance Clarifying Application of the Fair Share Contribution Requirement under the Massachusetts Health Care Reform Act
Employee Benefits Alert: IRS Issues New Guidance on COBRA Subsidy
Employee Benefits Alert: COBRA Subsidy Update: Model Notices Available
Employee Benefits Alert: Stimulus Bill Expands HIPAA Privacy and Security Rules to Business Associates
Employee Benefits Alert: Economic Stimulus Law Expands and Subsidizes COBRA
Employee Benefits Alert: Supreme Court Rules on ERISA Plan Beneficiary Designations
Employee Benefits Advisory: Massachusetts "Fair Share Contribution" Filing Requirements Modified--Again
Employee Benefits Alert: Offshore Hedge Funds (Among Others) in the Cross-Hairs
Employee Benefits Advisory: Updated Employers' Guide to the 2006 Mass. Health Care Reform Act
Employee Benefits Advisory: Massachusetts Health Connector Issues Administrative Bulletin Detailing Actuarial Equivalence for Minimum Creditable Coverage Purposes
Employee Benefits Alert: Connector Issues Final Regulation Establishing "Minimum Creditable Coverage" under the Massachusetts Health Care Reform Act
Employee Benefits Alert: November 15, 2008 “Fair Share Contribution” Filing Deadline Approaches
Employee Benefits Advisory: Ninth Circuit Upholds San Francisco Health Care Ordinance
Employee Benefits Alert: Connector Issues Final Regulation Establishing "Minimum Creditable Coverage" under the Massachusetts Health Care Reform Act
Employee Benefits Advisory: Division of Health Care Finance and Policy Issues New Regulation Implementing Fair Share Contribution Requirement
Employee Benefits Alert: Financial Markets Impact ERISA Retirement Plans and Plan Fiduciaries
Employee Benefits Advisory: Recent Developments under the Massachusetts Health Care Reform Act Affecting Employers
Employee Benefits Advisory: Updated Employer's Guide to the 2006 Mass. Health Care Reform Act
Employee Benefits Advisory: Section 162(m)
Employee Benefits Advisory: Department of Defense Issues Proposed Regulation Implementing the TRICARE Secondary Payer Rule
Employee Benefits Advisory: Department of Labor Issues Guidance on 401(k) Plan Fees
Employee Benefits Advisory: An Employer's Guide to the 2006 Massachusetts Health Care Reform Act
Employee Benefits Advisory: DOR Issues Guidance Regarding Dependent Group Health Insurance Coverage
Employee Benefits Advisory: IRS/Treasury Announce Voluntary Correction Program for Operational Code § 409A Violations

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