Kirsten H. Garcia
Biography
Kirsten Garcia is an employee benefits attorney who helps clients navigate complex federal and state regulations, manage risk, and make practical decisions with respect to employer-sponsored benefit plans.
Kirsten’s practice focuses on health and welfare benefit matters, such as ERISA compliance, Internal Revenue Code considerations, ACA (Affordable Care Act) and NSA (No Surprises Act) requirements, COBRA administration, HIPAA privacy and security, Mental Health Parity (MHPAEA) obligations, wellness programs, and MEWAs.
She regularly provides guidance and compliance strategies, assists clients through the correction of operational or documentation failures, negotiates service provider agreements, and guides clients through government audits and investigations as well as HIPAA breaches. She also prepares plan documentation, summary plan descriptions, and participant disclosures, assists with reporting obligations, and implements benefits committees and HIPAA compliance programs.
Kirsten’s extensive experience has made her a frequent speaker and writer on issues affecting employee benefit plans. Her speaking engagements include the International Society of Certified Employee Benefits Specialists DFW and Houston Chapters, Worldwide Employee Benefits Network Dallas Chapter, Employment Law Updates sponsored by the Fort Worth, Dallas and San Antonio Chambers of Commerce, and Dallas Bar Association. Her articles have appeared in the New York University Review of Employee Benefits and Executive Compensation, The Practical Lawyer, The Practical Tax Lawyer, Employee Benefit Plan Review, Dallas Business Journal, and Fort Worth Business Press.
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- Advise clients on federal, state and local laws affecting health and welfare plans, wellness programs, retirement plans, and executive compensation arrangements, including ERISA, Internal Revenue Code, Affordable Care Act, COBRA, HIPAA, and MHPAEA.
- Assist employers with investigation, identification, and correction of operational and documentation failures, including through the DOL and IRS correction programs, and resolution of HIPAA breaches and COBRA compliance failures.
- Guide clients through DOL and HHS government investigations and audits, including investigation, identification, and correction of failures, production of documentation and responses to investigators’ requests, and advocating for successful resolution.
- Advise clients on compliance strategies, such as strategizing management of employer penalty risk under the ACA and negotiating vendor agreements to avoid employer penalties with respect to contract labor.
- Draft plan documentation, summary plan descriptions, and disclosures.
- Review, revise, and negotiate service provider plan documents, benefits booklets, and administrative services agreements.
- Implement HIPAA compliance programs, including gap analysis and policies and procedures, and conduct employee training.
- Assistance with DOL, IRS, and HHS reporting and disclosure obligations.
- Advising clients regarding attorney client privilege issues in employee benefits practice.
- Advising clients with benefits issues arising in corporate transactions.
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- State Bar of Texas
- Dallas Bar Association; Employee Benefits and Executive Compensation Committee Member, 2012-2014
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Education
- B.S.F.S., Georgetown University, 2001, magna cum laude
- J.D., The University of Texas School of Law, 2006, with honors
Admissions
- Texas
