Defending Employer Health Plans Against a New Wave of Fiduciary Litigation

Faegre Drinker

ERISA plaintiffs’ attorneys are trolling for potential employee plan participants to bring class-action lawsuits against employers — similar to those brought against sponsors of 401(k) and 403(b) plans — for failing to adequately monitor health plan administrators and the reasonableness of health plan fees. Recent changes in the law impose specific requirements on employers to publicly disclose information about their health plans. These disclosures may be used by plan participants to claim that employers have not adequately monitored health plan service providers or the reasonableness of their fees. Join members of our benefits and executive compensation team as we explore compliance strategies to help prevent and defend against potential lawsuits.

Key Discussion Topics:

• Recent changes to health plan disclosure requirements in the Consolidated Appropriations Act of 2021 (CAA)
• Compliance strategies for meeting fiduciary requirements to monitor health plan service providers and their fees
• Potential breach of fiduciary duty claims, including claims arising from CAA disclosures

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