Litigation Update: Another Health Plan Lawsuit Alleging Mismanagement by Third Party Administrator

SOURCE: Haynes Boone – December 10, 2024

A recent complaint (“Complaint”) brought by Owens & Minor, Inc., in its capacity as plan sponsor of the Owens & Minor, Inc. Group Health Plan, a self-funded plan (the “Plan”), asserts that the Plan’s third party administrator, Anthem Blue Cross and Blue Shield (the “TPA”), breached its fiduciary duties to the Plan under ERISA. Specifically, the Complaint alleges that the TPA grossly overpaid certain medical claims on behalf of the plan sponsor and also pocketed pharmaceutical rebates that should have been paid to the Plan. 

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Oscar Health CEO – “I Would Eliminate Employer Sponsored Health Insurance”

SOURCE: Finance / Yahoo.com

Oscar Health (OSCR) CEO Mark Bertolini sits down with Seana SmithMadison Mills, and Anjalee Khemlani on Yahoo Finance’s Catalysts, addressing some of the various frustrations Americans have with the state of the US healthcare system.

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Rx Gross To Net

By Christopher V. on Linkedin

What does “Gross to Net” really mean?

Yesterday I posted about the Assistant Secretary for Planning and Evaluation – HHS report on the first two years of RxDC data.

Gross to net in plain terms refers to the difference between a drug’s list price (the sticker price set by the manufacturer) and the actual amount that is paid after discounts, rebates, and other price concessions are applied.

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How To Avoid Making Uncle Sam Your Richest Beneficiary

By Ross Friend -November 2, 2024

I have had several clients pass away in the last 12 months and all with different “types” of beneficiaries, e.g. spouse, family trust, children, siblings, with varying degrees of planning efficiencies in distributing the client’s wealth. Poor planning or failure to update one’s intentions can and may lead to an unexpected outcome, i.e. ask the IRS. There is never a bad time to ensure the client’s assets are reviewed for the most efficient tax transfer and aligned with their objectives. The SECURE Act changed the retirement and estate-planning landscape and you need to be aware of the tax efficiencies available whether you are a surviving spouse or not.

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Gallagher to Acquire AssuredPartners for $13.45 Billion

9th December 2024

By Kassandra Jimenez-Sanchez

Arthur J. Gallagher & Co. today announced it has signed a definitive agreement to acquire AssuredPartners, a US insurance broker with client capabilities across commercial property/casualty, specialty, employee benefits and personal lines, for a gross consideration of $13.45 billion from GTCR.

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ACA Sales Way Down This Year

By Sam Melamed

ACA sales continue to be way down this year compared to last and the numbers are fun to dig into for a data nerd like me. Some interesting angles emerge when analyzing the data that tell a pretty powerful broker story. The dataset compares FFM ACA sales and State based exchange enrollments this year vs last year and the data comes directly from CMS.

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Deadline for Submitting Gag Clause Attestation Is Dec. 31, 2024

By Bolton • December 5th, 2024 SOURCE: https://www.boltonusa.com/deadline-for-submitting-gag-clause-attestation-is-dec-31-2024/

Effective in 2020, the Consolidated Appropriations Act, 2021 (CAA) prohibits health plans and health insurance issuers from entering into contracts with health care providers, third-party administrators (TPAs) or other service providers that contain gag clauses (i.e., clauses restricting the plan or issuer from providing, accessing or sharing certain information about provider price and quality and de-identified claims).

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Are You NADAC Ready? Staying Ahead of the Drug Pricing Landscape

NADAC pricing is gaining traction in the PBM industry due to its role in pricing transparency, reimbursement negotiations, cost management, formulary management, regulatory compliance, and alignment with industry trends. It offers a standardized benchmark for drug pricing, promoting fairness and transparency in the healthcare system.

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FTC Report on PBM Consolidation

FTC Releases Interim Staff Report on Prescription Drug Middlemen

Report details how prescription drug middleman profit at the expense of patients by inflating drug costs and squeezing Main Street pharmacies…….details how increasing vertical integration and concentration has enabled the six largest PBMs to manage nearly 95 percent of all prescriptions filled in the United States.

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Class Action Lawsuit Challenges Noncoverage of Obesity Drugs

This case is about disability discrimination in the provision of healthcare coverage. Specifically, this case is about a health insurance company’s categorical exclusion of prescription medication for the treatment of obesity and the resultant discrimination against people with the disability of obesity.”

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Government Proposes Sending Billions In Drug Money To Denmark

Unreliable inside sources tell us executives at Novo Nordisk, Europe’s largest company and producer of ozempic, are excited beyond their wildest dreams after learning government printing presses in Washington may be sending plane loads of cash laden pallets their way.

“This will help offset the loss of the North Carolina State health plan and the University of Texas health plan said a jubilant C-suite executive.

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Carriers Compete For Broker Loyalty

Years ago when I was a commission driven insurance whore a TPA dropped by my office. “Bill, how many self-funded lives do you have on how many groups?” he asked. “Move 2,000 lives to us and I will not only pay you the same commissions you’re getting now but I will personally deliver a $250,000 check as our way of saying THANK YOU for the business!!”

Such is the world of health insurance brokerage…………………..

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Standing for Health Plan Excess Fee Cases – Do the J&J and Wells Fargo Health Plan Excess Fee Cases Meet the MetLife Decision’s High Bar for ERISA Defined-Benefit Plan Standing?

“They (J&J) want the right to file fiduciary-breach claims with no rules.  It is a bold and brazen position.  Surely Congress should amend the ERISA statute to protect against this type of litigation abuse.”

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CHARGE MASTER: Medical Bills Paradox

“We have to charge everybody more because we give away millions upon millions of free charity care!” says the hospital administrator. “Just look at what we charged off last year, over $1 billion! But we don’t mind because our policies are compassion based.

“But almost no one ever pays chargemaster rates!” says the attorney. “Isn’t that true?

“Objection!” screams the opposing side. “The plaintiff’s attorney is trying to sway the jury!’

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The Best Work Comes Out of Great Relationships

By Bill Rusteberg

As a self employed insurance agent I’ve worked with hundreds of clients over the past 50 years, the result of calling on thousands more in prospecting efforts to gain more business. I’ve met all types of personalities, developing a skill few have. Understanding motivation, goals and interests is secondary to understanding moral and ethical values of those you strive to do business with.

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