Health Plans: Structural Variations and their Effect on Liability

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In fashioning legislative and regulatory responses to consumer and plan sponsor concerns about our current health care system, policymakers increasingly find themselves dealing with questions involving the Employee Retirement Income Security Act of 1974 (ERISA) and its relationship to employer-sponsored group health plans. Although ERISA establishes uniform minimum standards for group health plans in a variety of areas, the application of these standards and the liability for those charged with carrying out the standards may vary widely, depending on the way the plan sponsor has structured its employee benefit plan.

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