"[Once notified of an employer's objection, the] government can then turn around and tell the insurer/TPA to provide the coverage for the contraceptives.... This creates many potential questions. For example, who is responsible for monitoring this 'plan administrator?' If the 'plan administrator' breaches a fiduciary duty, is the eligible organization potentially responsible for co-fiduciary liability (certainly, the government would not be)? Do insurers/TPAs need to make sure that they have fidelity bonds since the plan benefits are not paid from the general assets of the employer? Do they need to establish trusts for these benefits? It's likely that the DOL will come out with FAQs that answers the last three questions in the negative. However, the ERISA fiduciary implications of such an appointment are unclear."  MORE >>