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Slimming Down the ERISA Fiduciary Profile: Good or Bad for ERISA Claims Administrators?
Health Plan Law 
Nov. 8, 2007
Excerpt: In Deluca v. Blue Cross Blue Shield of Mich., the district court faced the question of what fiduciary duty, if any, BCBS owed to self-funded plans in negotiating reimbursement rates with providers. According to the facts, 'BCBSM negotiated lower hospital rates for the [Blue Cross Network] in exchange for higher rates for its traditional open access and PPO products.' Did BCBS violate fiduciary duties in doing so?
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