Mark Stember

Employee Benefits & ERISA

Health & Welfare Fiduciary Governance

ERISA Litigation

Mark L. Stember is a partner in Nixon Peabody’s Employee Benefits practice group. Mark represents private and public companies in a variety of issues, including health and welfare benefits, disability and leave benefits, employee fringe and lifestyle benefits, health and data privacy, Medicare and state insurance rules, and tax code compliance.

/ My focus

I have extensive experience assisting clients with health and welfare plans, HIPAA privacy, flexible compensation, fringe benefit plans, adoption assistance, maternity support, fertility support, tuition and loan reimbursement, leave and disability plans and policies, and life insurance plans. Additionally, I have experience working with clients on telemedicine, on-site clinics, digital health, and have explored the use of AI in benefits administration.

With a cross-practice focus on benefits and privacy, largely situated in the food and beverage and media and entertainment industries, I strive to achieve the most practical and efficient solutions consistent with the client’s culture. Notable transactions that highlight my capabilities and breadth of experience are:

- Formulated health, disability, leave, and lifestyle benefits for large public and private companies

- Designed the first-of-its-kind smoking cessation and wellness program for a public company

- Created the first private exchange for retiree health reimbursement arrangements

- Developed integrated leave management programs that take a holistic look at employee work-life balance. These programs integrate disability, vacation, sick leave, paid time off, parental/caregiver leaves, all within the confines of federal, state, and local leave laws.

/ Looking ahead

The workforce is undergoing tremendous changes as there is a wide employee age range across industries. Employers must be able to support both older employees with benefits such as parental and caregiver leave, and younger employees with benefits such as tuition and loan reimbursement, and fertility and maternity support. Additionally, employers continue to turn to digital health entities to efficiently deliver benefits to its workforce.

Member of the Employers Council for Flexible Compensation Technical Advisory Council

Contributing Editor for the Employer’s Guide to the Health Insurance Portability and Accountability Act

Writer for the ECFC Flex Reporter

Writer for the Employer’s Guide to HIPAA (2010–2014)

Member of the Electronic Data Interchange—HIPAA Privacy and Security Employer Workgroup

Chair of the Health and Welfare plan Design and Funding subcommittee for the Employee Benefits Committee of the American Bar Association Section of Taxation (2002–2012)

Prior Co-chair of the JCEB Health and Welfare Benefit Plans National Institute

Fellow of the American College of Employee Benefits Counsel

Member of the Bloomberg BNA Compensation Planning Advisory Board