A recently filed lawsuit is a good reminder that self-insured health plan fiduciaries have a fiduciary duty to ensure that their health plans are being administered according to the plan’s terms and in compliance with law, while defraying the reasonable expenses of administering the plan. In discharging this responsibility, plan fiduciaries must oversee any party
Citing resistance from health and welfare plan service providers, the DOL updated its 2021 cybersecurity guidance to clarify that it “generally applies to all employee benefit plans, including health and welfare plans.” This clarification is the only material change in the update. Despite that, the update serves as a useful impetus for employers to survey
Earlier this year, current and former participants of two ERISA-governed health plans filed complaints alleging the same novel legal theory: that plan fiduciaries violated ERISA by mismanaging the plan’s prescription drug benefits. In both complaints, plaintiffs alleged that the mismanagement was caused in part by the plans paying excessive and unreasonable fees to their respective