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Fiduciary Compliance Update, October 2026: An En Banc Argument, a Parity Roadmap, and a Deadline
September's fiduciary developments for self-funded plans: the Fifth Circuit's en banc Aramark v. Aetna argument, new parity enforcement guidance, and a 2027 IDR deadline.
Oct 15 min read


What the Labor Department Just Told You About Your Next Parity Audit
The Labor Department just narrowed mental health parity enforcement to three areas. Here is what that changes about your plan's comparative analysis, and what it does not.
Oct 14 min read


Fiduciary Compliance Update, September 2026: A PBM Settlement, a Corrected Case, and a Circuit Split
This month's fiduciary compliance update covers the FTC's proposed Caremark order, a corrected Fifth Circuit case, and a new circuit split on TPA liability.
Sep 15 min read


Why Payment Integrity Is Now a Fiduciary Game Changer
Trade press now frames independent payment integrity as a fiduciary safeguard. Here is what self-funded plan sponsors and brokers should take from the shift.
Aug 135 min read


Is Your Payment Integrity Vendor Creating a Prohibited Transaction Under ERISA §406?
"Does your compensation structure create a prohibited transaction under ERISA §406?"
Aug 78 min read


The $1.3M MEWA Fiduciary Breach Settlement: Why “The TPA Did It” Won’t Save Plan Fiduciaries
Kelli Hammerl, acting regional director for EBSA in Chicago, summarized the agency’s position: “The Department of Labor will enforce the law and hold fiduciaries accountable for violations.”
Aug 49 min read


Inside a Litigated Claims Review: What One Unsealed Report Reveals About Every Self-Funded Plan
A court-unsealed expert report in Comau v. BCBSM exposed $8.1M unreconciled and $7.3M overpayments. What it reveals about every self-funded plan’s blind spot.
Jun 268 min read


Hidden Fees in Self-Funded Health Plans: Reading Between the Lines
The next “401(k) fee crisis” will not be about retirement plans. It is happening in healthcare. Courts are applying the fiduciary standards from 401(k) fee litigation to self-funded health plans, where hidden costs are buried in ASO, PBM, and Stop-Loss contracts. Learn where these fees hide and how to protect your plan.
Jun 263 min read


Aetna Just Sent Your Self-Funded Plan a Notice. If You Don't Act, You're Handing Over Control of Your Plan's Legal Rights
Aetna has issued a 60-day notice asking plan sponsors to authorize it to control litigation decisions for their plan. Self-funded plan sponsors should review and opt out by the July 30, 2026 deadline.
Jun 267 min read


AI-Powered Upcoding Is Inflating Employer Health Plans by Billions. What Fiduciaries Must Do Now
A landmark Blue Health Intelligence analysis quantifies AI-driven upcoding in employer plans. For self-funded fiduciaries, it is a direct hit to plan assets and a fiduciary wake-up call.
Jun 266 min read


CAA 2026 and the DOL's Expanded Enforcement: What Every Self-Funded Plan Fiduciary Must Know Now
CAA 2026, the DOL's enforcement overhaul, and Schlichter's expanding litigation campaign have shifted the ground beneath every self-funded health plan fiduciary. Here is what to do now.
Jun 267 min read


Is Your Payment Integrity Vendor Creating a Prohibited Transaction Under ERISA Section 406?
Most plan sponsors ask how much they will save. Their ERISA counsel should be asking whether the vendor's percentage-of-savings compensation creates a prohibited transaction under Section 406. Here is the legal argument, the Post-Pay contingency gap, and why a fixed per-claim fee model is structurally immune.
Jun 257 min read

The Fascinating Story of Billions of Dollars Going Missing When the Back Office Pays Health Care Bills
Audacity Podcast - Play now

Reconstructing Healthcare: Innovative Solutions For Employers To Lower Their Healthcare Costs
Podchaser Podcast - Play now

Inside Big Health Insurers' Side Hustle
Tradeoffs Podcast - Play now
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