Brian Bartels, Kutak Rock partner and head of the Health and Welfare Benefits practice, was recently quoted by Law360 regarding a Fourth Circuit decision addressing the disclosure of service provider agreements in Employee Retirement Income Security Act (ERISA) litigation.

The Aug. 10 decision in Kelly v. Altria Group, Inc., largely upheld the dismissal of claims brought against Altria and Fidelity concerning the administration of a former employee’s 401(k) plan. However, the Fourth Circuit revived a claim involving the plan administrator’s refusal to provide an administrative services agreement between Altria and Fidelity.

Bartels noted that the decision could create challenges for employers when service agreements contain confidentiality and proprietary information provisions that restrict or prohibit disclosure of certain information, which is typically the case.

“Employers are going to have to work very closely with their third-party administrators in determining how to disclose services agreements when participants request them to help ensure that they're not violating terms of their services agreements, particularly the confidentiality requirements,” Bartels told Law360.

The decision may prompt employers and plan sponsors to take a closer look at their agreements with third-party administrators and other benefits service providers, particularly provisions addressing confidentiality and the disclosure of proprietary information.

Brian leads the firm’s national health and welfare benefits practice. He advises clients across the country on group health plans, wellness programs, cafeteria plans, health savings accounts, health reimbursement arrangements, other health and welfare plans, and fiduciary issues.  He regularly negotiates administrative services agreements and pharmacy benefit management agreements. Brian also counsels clients on mental health parity, No Surprises Act, HIPAA, ERISA, Patient Protection and Affordable Care Act, and COBRA compliance issues.

Read the full Law360 article here: “4th Circ. Altria Decision Spotlights Risks From ERISA Docs” (Subscription Required)