Courts continue to apply the fiduciary exception to the attorney-client privilege to the fiduciaries of ERISA-governed plans. Under the fiduciary exception, plan participants and the Secretary of Labor can obtain testimony or documents relating to confidential communications between plan fiduciaries and their lawyers regarding plan administration. Although the Third Circuit has ruled that the fiduciary … Continue Reading
Beginning in 2011, the medical loss ratio (MLR) requirements of the Affordable Care Act require health insurers to spend at least 85% of premiums for large group policies on medical expenses and activities to improve health care quality. If an insurer does not meet this requirement, it must rebate to the employer a portion of … Continue Reading
