Cross-Plan Offsetting and ERISA Compliance: Avoiding Participant Claims, Ramifications of Recent Court Decisions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide ERISA counsel and plan administrators guidance on the legal risks of cross-plan offsetting. The panel will discuss recent court decisions, fiduciary obligations of plan sponsors, oversight of third-party administrators (TPAs) engaging in cross-plan offsetting, limiting liability in negotiating and drafting administrative services agreements, and best practices in avoiding and managing participant claims.
- Legal risks of cross-plan offsetting to employers and insurers
- The recent decision in Peterson v. UnitedHealth Group Inc.: a critical look at cross-plan offsetting practices
- Fiduciary duties of plan sponsors and oversight of TPAs engaging in cross-plan offsetting
- Addressing cross-plan offsetting in administrative service agreements and tips in avoiding claims
The panel will discuss these and other key issues:
- What is cross-plan offsetting and how is it used by TPAs and insurers?
- Application of ERISA and potential liability of plan sponsors
- What is the impact of the Eighth Circuit's ruling in Peterson v. UnitedHealth Group Inc?
- How can employers address cross-plan offsetting and minimize liability in administrative service agreements?
- What are the best practices to avoid participant claims stemming from cross-plan offsetting?
Rebecca W. Foreman
Ms. Foreman has been involved in litigation in health care reimbursement disputes, commercial real estate, and complex... | Read More
Ms. Foreman has been involved in litigation in health care reimbursement disputes, commercial real estate, and complex torts, as well as government investigations involving health care fraud under the False Claims Act. She counsels health care providers on commercial payer disputes, particularly issues arising under ERISA and the Medicare Secondary Payer Act, and also has experience representing clients in the fashion and luxury goods industry.Close
J. Christian Nemeth
McDermott Will & Emery
Mr. Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA... | Read More
Mr. Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA matters, financial and banking cases, business torts and breach of contract actions. He is the Co-Chair of the Firm’s ERISA Litigation group and works closely with the Firm’s Employee Benefits department on all types of Litigation matters, Department of Labor investigations and similar issues.Close