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7 Things Employers Should Be Doing to Fulfill Their Fiduciary Duty

May 7, 2025
in Health
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Analyzing medical claims information is important to fulfilling a self-funded employer’s fiduciary obligation, which is to get the very best medical advantages for the very best value for his or her workers. Nevertheless, many employers are battling this, accusing third-party directors (TPAs) of not giving them full entry to their information.

Some employers have taken to suing their TPAs over this, whereas others have been on the receiving finish of lawsuits. For instance, a category motion lawsuit was filed towards JPMorgan in March, alleging that the corporate mismanaged its worker well being and prescription advantages program and brought on workers to overpay for premiums and out-of-pocket prices.

Nevertheless, there are steps employers can take to make sure they’re leveraging their medical information and assembly their fiduciary obligation, beginning with making a advantages committee, in line with Sherri Samuels-Fuerst, VP advisor of Sargento Cheese and Midwest Enterprise Group on Well being board chair.

“Having a cross-functional staff, together with your CFO, CHRO, authorized staff, profit staff members and your consultants, who all meet frequently to assessment the plan’s monetary metrics, governance and even primary administration issues to make sure you’re assembly your fiduciary obligations is admittedly finest follow,” Samuels-Fuerst mentioned throughout a Tuesday session on the Midwest Enterprise Group on Well being convention in Chicago.

As soon as this committee is created, Samuels-Fuerst shared seven further issues employers ought to be doing to meet their fiduciary duties:

1. Assessment your contracts: Employers ought to be wanting by means of their contracts with TPAs and different companions and reviewing issues like phrases and definitions talked about within the contracts, auditing rights, community entry charges and extra. It will assist them determine areas for enchancment.

“Whereas it’s not very thrilling, particulars matter, and so they matter in our contracts quite a bit. … Query every little thing that doesn’t sound correct,” Samuels-Fuerst mentioned. “If it says proprietary, be cautious. It might end in a scarcity of transparency in information processes.”

2. Leverage your request for proposals (RFPs): One of the best time for employers to get what they need is through the RFP course of, which is when employers consider which vendor companions they wish to work with, in line with Samuels-Fuerst. She mentioned throughout Sargento’s current RFP course of, one of many TPAs had language limiting the employer’s audit rights to 200 claims. Sargento pushed again and requested to have entry to all claims, and the TPA agreed.

“You could have the leverage throughout your RFPs, you must use it,” she mentioned.

3. Create a dashboard: Employers ought to create a dashboard to observe and benchmark their healthcare information. Sargento has a dashboard that the advantages committee evaluations quarterly and makes use of to teach the CFO and CEO on healthcare developments over time, Samuels-Fuerst mentioned.

4. Claims evaluation: Getting a extra detailed claims evaluation may help employers perceive developments and discover alternatives to enhance advantages, in line with Samuels-Fuerst. Some issues they’ll assessment are analysis developments, emergency room use, Rx utilization and adherence, high-dollar claimants and extra. Sargento additionally has alerts for high-cost claims. For instance, with its TPA, it will get alerts for any medical declare over $25,000.

5. Examine register audit: A test register is a record-keeping software to observe all written checks, money funds and outflows from a checking account. Sargento evaluations its test registers weekly.

“Our TPA has our checkbook, and whereas our finance staff balances that checkbook, do we actually know that what they’re paying for is legit? … A fast audit can determine potential duplicative claims or important outliers,” Samuels-Fuerst mentioned.

6. Primary demographics: Employers ought to cross-tab their primary demographics, comparable to worker age, gender, race, household dimension, and so on. Profit leaders ought to regularly assess whether or not demographics have modified considerably over time, or will sooner or later.

7. Extra information factors: Further information factors employers can take a look at embrace worker survey outcomes, RAND research, focus teams and extra.

“Ensure you get as a lot as you may to tell you and assist drive your choices,” Samuels-Fuerst mentioned.

Supply: weiyi zhu, Getty Pictures



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