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Was the Johnson & Johnson Win a Win for Other Health and Welfare Plan Fiduciaries? Maybe Not
Kutak Rock LLP
[Opinion] Feb. 4, 2025 "Health plan fiduciaries should strongly consider these steps to reduce their litigation exposure: [1] Establish a fiduciary committee for health and welfare benefits, adopt a committee charter, and delegate fiduciary responsibility to the committee. [2] Engage qualified prescription drug plan consultants to assist in comparing PBMs and prescription drug arrangements.... [3] Request and review PBM agreements, fee and rebate arrangements, and formularies, and negotiate reasonable terms.... [4] Collect and review benchmark information from other plans and pharmacies and compare to current and prospective vendor agreements or proposals." [Lewandowski v. Johnson & Johnson, No. 24-0671 (D.N.J. Jan. 24, 2025)] MORE >> |
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