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Health Plan Transparency Final Regs: Employers Are Ultimately Responsible for Compliance
Lockton Link to more items from this source
[Guidance Overview]
Nov. 10, 2020

"While the regulations permit employers to contract with their insurers or [TPAs] to provide that information to enrollees, the employers remain ultimately liable in the event the required information is not provided. There is one exception: for insured plans, if the insurer agrees to provide the disclosures via a written agreement, the employer will not be responsible if the disclosures are not made. However, there is no similar opportunity for self-funded employers to shift ultimate responsibility.... Insured and self-funded employers will want to shift ultimate responsibility through contractual language, including indemnity provisions."

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