Health and Welfare Plan Administrative Services Agreements: Structuring, Executing, and Monitoring Contracts

BARBRI

This CLE course will prepare employee benefits counsel to advise employers and third-party service providers on negotiating and drafting administrative services agreements for health and welfare plans. The panel will discuss practical legal and business considerations, ERISA fiduciary issues, critical terms and provisions to minimize liability and risks, and best practices in selecting, contracting, and monitoring third-party providers. The panel will also provide insight into the impact of recent court cases and legislation impacting these agreements and potential risks to employers and service providers.

Description

Selecting, monitoring, and ensuring the effectiveness of third-party service providers in the context of health and welfare benefits administration is generally accomplished through an administrative services agreement. Negotiating these agreements raises a host of complex compliance, risk management, and business considerations for employers and service providers.

An effective administrative services agreement clearly outlines the scope of services being rendered; defines the rights and obligations of the parties, including fiduciary responsibilities; addresses compliance with ERISA and other applicable federal and state laws; and includes well-crafted risk management provisions, including indemnification and liability limitations.

Benefits counsel negotiating administrative services agreements on behalf of employers or third-party service providers must have a thorough knowledge of the risks and liabilities involved to negotiate the most favorable terms for the client and avoid pitfalls.

Listen as our panel of experienced employee benefits attorneys examines relevant legal and business considerations and offers best practices for health and welfare plan sponsors and third-party service providers when structuring, executing, and monitoring administrative services agreements.

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