Health Insurance

NICK J. WELLE

**** *. **** ***** **., #***, MADISON, WI 53717 • 612-***-**** •acco5d@r.postjobfree.com

M ISSION STATEMENT

I am a bright, motivated person who addresses benefit matters in the context of litigation and employer consultation. I

do not have a pure compliance background but I work tirelessly each day to gain more knowledge into benefits

compliance issues by gaining certificates, attending courses, presenting, and publishing. I am pursuing my career goal.

E DUCATION

University of Wisconsin-Madison, B.S., May 2007

§ GPA: 3.95 (Top 5 %); Magna Cum Laude

§ President, University of Wisconsin Pre-Law Society

University of Wisconsin Law School, J.D., May 2010

§ GPA: 3.69 (Top 5 %); Magna Cum Laude

§ Recipient, Dean’s Academic Achievement Award

§ Recipient, Best Performance in Constitutional Law & Civil Procedure

CERTIFICATES

§ University of Wisconsin-La Crosse, Certificate, HIPAA Compliance, March 2013

§ Tulane University, Certificate, Health Management, August 2013

§ University of Michigan, Understanding and Improving the US Healthcare System, January 2014

P ROFESSIONAL EXPERIE NCE

Attorney, Kasieta Legal Group, LLC, Madison, WI (July 2010-Present)

§ Author and analyze plans, summary plan descriptions, summaries of benefits and coverage, various notices, Form

5500 submissions, summaries of material modification, plan amendments, and other plan-related documentation.

§ Provide subject matter consultation to employers regarding employment law and benefits compliance issues,

focusing on health and welfare plans in conformity with PPACA, including matters involving grandfather status,

preventative care, dependents, emergency services, cost-sharing restrictions, wellness programs, and many others.

§ Assist in the maintenance of employee benefit programs, including determining deadlines for compliance and

sending necessary notices and summaries.

§ Daily assessments of regulatory, legislative, and judicial activity concerning employee benefits law, including

PPACA, ERISA, HIPAA, and COBRA.

§ Represent clients in numerous ERISA matters concerning disability, health, 401(k), pension, and other benefits.

§ Litigate employment and commercial issues in state and federal court.

I NTERNSHIPS & CLERKS HIPS

§ Judicial Clerk, Wisconsin Supreme Court, Justice Michael Gableman, Madison, WI (2008-2009)

§ Research Intern, Hurley, Burish & Stanton, S.C., Madison, WI (2009)

§ Law Extern, Wisconsin Department of Justice Civil Litigation Unit, Madison, WI (2010)

§ Law Clerk, Atterbury, Kammer & Studinski, S.C., Middleton, WI (2009-2010)

§ Law Clerk, Jeff Scott Olson Law Firm, S.C. Madison, WI (2008)

§ Research Intern, Center on Wisconsin Strategy, Madison, WI (2010)

P RESENTATIONS & PUBL ICATIONS

§ Author, Possible Employer Liability for Reducing Hours to Avoid ACA’s Mandates, Wisconsin Lawyer, May 2014

§ Speaker, Plan Sponsor Fiduciary Obligations, Executive Education Forum, Feb. 2014

§ Co-Author, Attorney Fees, Chapter 37, Wisconsin State Bar Book, The Law of Damages in Wisconsin, Dec. 2013

§ Co-Author, Affordable Care Act and Wellness Plans, National Business Institute, Dec. 2013

§ Speaker, The Impact of ACA on Litigation, Torts & Trial Technique Update Seminar, Oct. 7, 2013

§ Speaker, Civil Litigation Today: A Practical Workshop, National Business Institute, Aug. 13, 2013

§ Author, The Possible Codification of Alt & Its Implications When Dealing with Doctors, The Verdict, Fall 2012

R EPRESENTATIVE CASES

§ Examination of employer’s proposed changes to employee benefit packages and evaluation of whether these

proposed changes would result in the relinquishment of grandfather status for client. Detailed assessment of 29

CFR Part 2590.715-1251 and employer contribution and out-of-pocket maximum rules.

§ Defended employer in ERISA breach of fiduciary duty claim brought by ex-employee. Prevailed on motion for

summary judgment, which dismissed the case. Authored winning motion and brief.

§ Provided employer-client with analysis of tentative health-contingent wellness programs and set forth compliance

requirements to ensure programs met nondiscriminatory standards, including the imposition of a reasonable

alternative standard, annual qualification, maximum permissible awards, and others.

§ Brought and successfully settled ERISA duty of prudence claim against sponsor concerning failure to properly

invoke 404(c) safe harbor.

§ Provided client with detailed assessment of the effect of ACA’s employer mandate on its business. Analyzed

whether it would be subject to mandate, the penalties for not offering coverage or affordable coverage, complying

with 95% (now 70%) applicability standard and 9.5% household income rule, and other related issues.

§ Independently settled an ERISA dispute involving a denial of change-in-control benefits. Defense originally

offered nothing. After submitting numerous settlement demands with factual and legal support, defense agreed to

a six-figure settlement without having to file suit.

P ROFESSIONAL ORGANIZ ATIONS

Board of Directors, Madison Magnet, Madison, WI (Sept. 2013 - present)

Member

§ Magnet focuses on professional relationships, civic duty, and professional advancement.

§ Board addresses issues regarding governance, budget, bylaws, membership, event planning, marketing,

organizational affiliation, and philosophical direction.

HealthWatch Wisconsin, Madison, WI (June 2013 – present)

Member

§ HealthWatch provides training and educational services on various health insurance coverage issues, governing

legal authorities, and changes to the law.

§ Organization facilitates roundtable discussions concerning changes to health insurance and employer-benefits.

ERISA Experts, LinkedIn (March 2012 – present)

§ Group has daily discussions regarding regulatory, judicial, and legislative activity concerning pension and welfare

plans.

NOTABLE ACHIEVEMENTS

§ One of the youngest authors for Wisconsin State Bar book series.

§ Presented in front of hundreds of attorneys on Affordable Care Act and ERISA law.

§ Published author in national award-wining periodical circulated to every Wisconsin licensed attorney with a

readership of approximately 24,000.

§ Ran the Twin Cities Marathon.

COURSES & SEMINARS

§ Health Care Reform: An Overview of the New Legislation, Tulane University School of Public Health

§ Constitutional & Legal Basis for Public Health Actions, University of Minnesota, Public Health & Management

§ Community Prevention & the Affordable Care Act, University of Washington, Northwest Center for Public Health

§ Health and Society: Social Variables and Population Health, Harvard University, Ichiro Kawachi, M.D., Ph.D.

§ What Employers Need to Know About Health Care Reform, Seyfarth Shaw, Nicole Bogard, J.D.

§ Financial Flat-Line: Healthcare Bankruptcy Considerations, David Crapo, J.D.

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