Previous PageDenise L. Atwood Counsel

Denise Atwood has been practicing law since 1995, with the last 12 years focused in employee benefits. Her practice is concentrated in qualified plans (with an emphasis on Section 401(k) and 403(b)  plans), health and welfare plans, and other fringe benefit programs. Denise assists clients with design and drafting issues, as well as all aspects of qualified retirement and health and welfare plan administration. She has significant experience in the areas of COBRA, health care reform, cafeteria plans, claims administration, and qualified plan corrections.  Denise also assists plan sponsors with their HIPAA privacy and security compliance and has conducted HIPAA training for various clients.

Representative Matters

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Representative Engagements

  • Assisted employers with developing their HIPAA privacy and security policies and procedures, privacy notices, business associate agreements, and related documents for their health plans, as well as conduct HIPAA privacy training
  • Advised and assisted large multi-state university on all aspects of health and welfare plan administration, including compliance with state health care reform initiatives
  • Advised and assisted numerous clients with correcting retirement plan qualification issues under the Employee Plans Compliance Resolution System
  • Counseled various non-profit corporations regarding 403(b) compliance issues
  • Counseled and assisted welfare benefit committees with complex health plan claims appeals
  • Assisted various employers with the administration of its qualified retirement plans and health and welfare plans

Leadership Positions

  • Secretary, Western Pension & Benefits Conference, Governing Board (2010-2011)
  • Past-President, Phoenix Chapter of the Western Pension & Benefits Conference (2009-2010)
  • Board Member, Phoenix Chapter of the Western Pension & Benefits Conference (2008-present) (2003-2005)
  • Co-Chair, Phoenix Chapter of the Western Pension & Benefits Conference, Spring Conference Planning Committee (2002-2003) (2003-2004) 

Education

  • Vanderbilt University School of Law (J.D., 1995)
  • State University of New York (B.A., magna cum laude, 1992)

Court Admissions

  • Supreme Court of Arizona

Professional Memberships & Activities

  • State Bar of Arizona
  • American Bar Association
    • Tax Section, Employee Benefits Committee
  • Maricopa County Bar Association
  • Western Pension & Benefits Conference, Phoenix Chapter
  • Arizona Women Lawyers Association

Representative Presentations & Publications

  • Employee Benefits Implications of Health Care Reform, Co-Speaker, American Counsel of Engineering Companies (May 2011)
  • Health Care Reform 2011, Co-Speaker, Western Pension & Benefits Conference (May 2011)
  • Complying with Health Care Reform in 2010 and 2011 – An Employee Benefits Prospective, Co-Speaker, Arizona Society of CPAs Federal Tax Institute Conference (November 2010)
  • Complying with Health Care Reform in 2010 and 2011 – An Employee Benefits Perspective, Co-Speaker, Snell & Wilmer (October 2010)
  • Employee Benefits and Tax Implications of Health Care Reform, Co-Speaker, State Bar of Arizona Tax Law Section (May 2010)
  • Employee Benefits and Tax Implications of Health Care Reform, Co-Speaker, Snell & Wilmer (April 2010)
  • How to Ensure That Your Group Health Plans are HIPAA Compliant, Speaker, Lovitt & Touche (February 2009)
  • Understanding the Legal Aspects of a Wellness Program, Speaker, Arizona Chamber of Commerce & Industry 2008 Health Care Summit on Wellness (October 2008)
  • Understanding the Legal Aspects of a Wellness Program, Speaker, Wellness Wave Seminar Sponsored by CIGNA, Willis and Snell & Wilmer (September 2008)
  • Health Insurance Bootcamp, Co-Speaker, Lorman Education Services (July 2008)
  • Pension Protection Act Changes for Defined Contribution Plans, Co-Speaker, Snell & Wilmer Benefits Update (March 2007)
  • Health and Welfare Plan Update, Co-Speaker, Snell & Wilmer Benefits Update (March 2007)
  • All the Latest Welfare Plan Developments That's Fit to Print, Speaker, World Wide Employee Benefits (February 2007)
  • Wellness – Strategies, Success, and Savings, Panelist, Phoenix Chapter of the Western Pension & Benefits Conference (December 2006)
  • Application of USERRA to Employee Benefit Plans, Speaker, Snell & Wilmer (November 2006)
  • COBRA Administration and Compliance for Employer Group Health Plans, Speaker, International Certified Employee Benefit Specialists (June 2006)
  • A Day in the Life of HIPAA Compliance - HIPAA Portability, Privacy, and Security, Speaker, Phoenix Chapter of the Western Pension & Benefits Conference (February 2006)
  • Section 401(k) and (m) Final Regulations, Co-Speaker, Snell & Wilmer Benefits Update (November 2005)
  • HIPAA Portability Rules, Co-Speaker, Snell & Wilmer Benefits Update (November 2005)
  • HIPAA Security for Small Employers, Co-Speaker, Snell & Wilmer Benefits Update (November 2005)
  • Health and Welfare Plan Update, Speaker, Phoenix Chapter of the Western Pension & Benefits Conference, Spring Conference (May 2005)
  • Final COBRA Regulations, Co-Speaker, Snell & Wilmer Benefits Update (November 2004)
  • Working Family and Tax Relief Act of 2004, Co-Speaker, Snell & Wilmer Benefits Update (November 2004)
  • Complying with HIPAA's Security Rules, Co-Speaker, Snell & Wilmer Benefits Update (November 2004)
  • The Regulatory Environment of Health and Welfare Plans, Speaker, International Certified Employee Benefit Specialists (September 2004)
  • HIPAA Privacy Panel Discussion, Panel Member, World Wide Employee Benefits (September 2003)
  • HIPAA Privacy - Digging Deeper, Speaker, Phoenix Chapter of the Western Pension & Benefits Conference, Spring Conference (May 2003)
  • HIPAA Privacy Rules - A Primer for Plan Sponsors, Speaker, Snell & Wilmer (February 2003)
  • HIPAA's New Privacy Regulations - What Health Plan Sponsors Need to Know, Speaker, Las Vegas Corporate Counsel Organization Meeting (January 2003)
  • Interaction Between State and Federal Laws on Health Plan Administration, Guest Lecturer, Healthcare Jurisprudence Course, Arizona State University Graduate School of Business (Fall 2003; Fall 2002)

Community Involvement

  • Boys and Girls Club of the East Valley, Volunteer
  • Volunteer Lawyer's Program

Other Professional Experience

  • SunAmerica Securities, Inc., Legal Compliance Manager
  • Arizona Corporation Commission, Securities Division, Securities Specialist