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Is ERISA Up for the Job? Improving Employer-Sponsored Health Insurance Affordability
Center on Health Insurance Reforms [CIHR]
June 4, 2026 "[T]hree actions [that] could move the needle to advance affordability: [1] Policymakers could clarify when ERISA's fiduciary duties apply to [PBMs] and [TPAs], and identify examples of compensation schemes or other contracting and business practices that may violate these duties. [2] Congress could amend ERISA to directly regulate more PBM, TPA, and other service provider conduct, both to enhance oversight over its transparency requirements and to prohibit or limit anticompetitive contracting behavior and other abusive business practices. [3] Congress could provide the DOL with resources and authority to more actively support employers in their role as health care purchasers." MORE >> |
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