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To Be or Not To Be: Court Holds Self-Funded Health Plan's TPA 'To Be' an ERISA Fiduciary
Spencer Fane Link to more items from this source
Nov. 18, 2012
"[A] Michigan federal trial court recently held that a third-party administrator of two self-funded employer health plans was an ERISA fiduciary. As a result, the TPA was held liable for breaching its fiduciary duty by not disclosing certain of its fees that had been charged to the plans.... This court's decision hinged on its finding that the amounts sent to the TPA were ERISA plan assets, notwithstanding the fact that the ASAs specifically stated that these amounts were not plan assets. " [Borroughs Corp. v. Blue Cross Blue Shield of Michigan, Nos. 11-12565, 11-12557 (E.D. Mich. Sept 17, 2012)]

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