Administrative Services Agreements for Group Health Plans  

Administrative service agreements are a key element of group health plan administration, implicating various ERISA issues such as fiduciary status, plan asset rules, and prohibited transactions. They also intersect with other aspects of plan compliance, including HIPAA privacy and security, COBRA administration, and the Affordable Care Act. The Consolidated Appropriations Act, 2021 introduced new requirements for certain types of service agreements, along with a number of new obligations for plans, making this the perfect time to review considerations relating to administrative service agreements. We’ll explore key legal issues and analyze sample agreement language—helping plan sponsors, service providers, and their advisors anticipate and avoid potential pitfalls.

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