W. James Hamilton

Jim Hamilton has extensive experience representing association health plans, intergovernmental medical pools and other multiple employer welfare arrangements (MEWAs). He serves as general counsel for numerous MEWAs. In this capacity, he provides guidance on MEWA governance as well as federal and state regulatory requirements. He is proud of his involvement in the launch of several successful MEWAs that assist employers with controlling the rising costs of health care.

In addition to his MEWA-specific practice, he assists employers with legal matters involving the following:

•Welfare plan (cafeteria, health insurance, self-funded health benefits, severance, tuition reimbursement) design, compliance (including ACA, HIPAA privacy, ERISA claims procedures and SPD regulations), and overall tax and ERISA advice.
•Formation, compliance and governance of risk sharing pools permitted under Indiana law.
•Nonqualified plan (deferred compensation, golden handcuffs, stock options and phantom stock) design, funding, compliance (including section 409A), tax, securities and ERISA advice.
•ACA, HIPAA, COBRA, FMLA and numerous other federal and state laws affecting employee benefit plans.
•Drafting and negotiation of vendor agreements and stop-loss contracts.

Honors / Awards

Best Lawyers in America, 2013-2026; Martindale-Hubbell AV Rated; Indiana State Bar Association, Taxation Section Award; 2025 Indiana Dental Association Special Service Award; 2024 Department of Labor advisory opinion, MEWA, AHP

Appearances / Publications

Jim has delivered more than 200 speeches to professional organizations and clients since joining the firm in 2001. The list of professional organizations includes Accelerate Indiana Municipalities (Aim), the Indiana Chamber of Commerce, the Indiana State Bar Association, the National Association of Professional Employer Organizations (NAPEO), the Association of Governmental Risk Pools (AGRiP), the National League of Cities Risk Information Sharing Consortium (NLC-RISC), the Indiana Association of School Business Officials, the Indiana School Boards Association, the Midwest Association of Professional Employer Organizations (MAPEO), the Association of Indiana Counties, the Indianapolis Bar Association, the Association of Indiana Municipal Personnel Administrators for Cities and Towns (IMPACT), the South Central Indiana Human Resources Association, and the National Association of College and University Business Officers (NACUBO).

Jim has published articles in the Indianapolis Business Journal, The Indianapolis Star, Indiana Lawyer, Res Gestae, American Bankruptcy Institute Journal, The Hoosier Banker, Education Week and Tax Notes. He has also been a featured guest on Inside Indiana Business with Gerry Dick, WRTV Channel 6, WXIN Channel 59, WISH Channel 8, WTHR Channel 13 and WIBC 1070.