In this article, Joanne Roskey, a former Department of Labor (DOL) deputy associate solicitor and chief of health plan enforcement, discusses how to prepare for the likely wave of litigation coming for healthcare fiduciaries and service providers—similar to what happened in the retirement plan space. With new health plan disclosure and transparency laws in place, the groundwork is laid for lawsuits focused on health plan expenditures and fees. As this litigation takes shape, health plan fiduciaries and service providers should carefully review what they respectively pay and charge for health plan benefits and services. Roskey outlines possible fee and expense targets. She provides practical steps fiduciaries and service providers should take now to mitigate the legal risks associated with lawsuits alleging health plans paid unreasonable and imprudent fees and expenses.

This article was picked up by BenefitsLink Health & Welfare Plans Newsletter.