"Review vendor contracts and plan documents to ensure that claims administrators have the final decision-making authority -- and do not include provisions allowing the employer (plan sponsor) to override those determinations. If a plan intends to delegate authority to a third party through a contract (such as an ASA), that contract should state that it is part of the plan documents.... [O]nce that document is considered a plan document, it must be disclosed to participants upon their request. Confidentiality provisions in an ASA may preclude such disclosure."

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