Joanne Roskey, a former Deputy Associate Solicitor in the Department of Labor's (DOL) Plan Benefits Security Division (PBSD), commented on an increase in lawsuits related to health plan costs, driven by enhanced transparency laws revealing pricing data. The legal landscape is evolving, and Roskey draws comparisons to similar litigation in the retirement plan space. The range of lawsuits alleging failure to meet fiduciary duties under the Employee Retirement Income Security Act (ERISA) are broad in scope, and pit employees against employer plan sponsors, and both employers and workers against insurance companies. "The employer plan sponsors are kind of both in the plaintiff's seat and in the defendant's seat in some of these cases," Roskey said. A key factor differentiating the health plan lawsuits from the retirement cases is that retirement plaintiffs likely have an easier path to demonstrating harm. Recent laws like the Consolidated Appropriations Act of 2021 aim to strengthen fiduciary responsibilities but are prompting more litigation. Roskey said the application of the 2021 law is "somewhat murky." But she cited the "transparency in coverage" rule issued by federal agencies in 2020 that requires health plans to disclose negotiated rates with providers as a key development. This rule mandates health plans to disclose negotiated rates with healthcare providers, which has further influenced the legal landscape surrounding health plan costs and fiduciary responsibilities. The evolving legal environment around health plan costs reflects increasing scrutiny and legal challenges driven by transparency initiatives and regulatory changes.