Managed care companies are often found to serve as “functional fiduciaries” subject to fiduciary requirements under the Employee Retirement Income Security Act of 1974 (ERISA), even if they are not named plan fiduciaries. As such, they may also be found to be subject to ERISA’s “fiduciary exception” to the attorney-client privilege in the course of fulfilling their delegated duties to administer claims and appeals for ERISA-governed plans.

发言人:: Thomas C. Hardy Molly Nehring

活动类型: 继续法律教育(CLE)或继续专业发展(CPD), 网络研讨会

12 April 2023, 2:00 PM CDT
12 April 2023, 3:00 PM CDT

The fiduciary exception is an exception to the rule that communications between a party and its internal or external counsel are privileged from discovery, and if a court finds that it applies, a party may be forced to disclose such communications in discovery or as part of the ERISA administrative record. The exception has limits, however, and there are best practices that managed care companies can employ to avoid running afoul of it. We will cover what the exception is, when it applies (and when it does not), and how managed care companies can avoid pitfalls that might result in having to disclose attorney-client communications.

Important CLE information:

This program is presumptively approved for 1.0 CLE credit in California, Connecticut, Illinois, New Jersey, New York, Pennsylvania, Texas and West Virginia. Applications for CLE credit will be filed in Delaware, Florida, Ohio and Virginia. Attendees who are licensed in other jurisdictions will receive a uniform certificate of attendance but Reed Smith only provides credit for the states listed. Please allow 4-6 weeks after the program to receive a certificate of attendance.