"[E]mployers/plan sponsors should consider the following actions: [1] Review TPA service agreements and any benefit booklets issued by the TPA ... to determine whether the TPA uses cross-plan offsetting; [2] If cross-plan offsetting is used by the TPA, determine whether the employer can opt out of that practice; and [3] Ensure that any service agreements with a TPA that uses cross-plan offsetting contain adequate indemnification against any losses or damages that the employer may incur in the event that cross-plan offsetting is determined to be in violation of ERISA[.]" [Scott v. UnitedHealth Group, Inc., No. 20-1570 (D. Minn. complaint filed Jul. 14, 2020)]  MORE >>