EP342: How the Consolidated Appropriations Act (CAA) and ERISA Fiduciary Requirements Are an Anchor for Self-insured Employers to Navigate the Complexity of Healthcare, With Christin Deacon

In Episode 342, Stacey Richter talks with Christin Deacon about how the Consolidated Appropriations Act (CAA) and ERISA fiduciary requirements are an anchor for self-insured employers navigating the complexity of healthcare. Christin explains what ERISA fiduciary responsibility actually means, why self-insured employers — not their brokers or consultants — bear that responsibility, and why owning claims data is the linchpin for knowing whether a plan is paying reasonable fees.

WHAT YOU'LL LEARN

✅ What ERISA is, and what fiduciary obligation actually means for a self-insured employer

✅ Why brokers and consultants don't bear ERISA fiduciary responsibility or CAA compliance — the employer does

✅ Why owning your claims data is the linchpin for knowing whether your plan is paying reasonable fees

✅ Why HIPAA doesn't actually block a self-insured employer, as a covered entity, from accessing deidentified claims data

✅ What's new in the Consolidated Appropriations Act (CAA), and how it ups the ante on fee disclosure

WHY THIS MATTERS

If you don't have your claims data, how do you know you're paying reasonable fees? The self-insured market holds the keys to unlocking value in healthcare — they're just not always using them. ERISA fiduciary responsibility only has as much teeth as the self-funded employer is willing to learn about it and willing to push back.

=== LINKS ===

🔗 Show Notes with all mentioned links: Episode Page

🔗 Healthcare Industry Acronyms and Terms

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=== CONNECT WITH THE RHV TEAM ===

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00:00 Introduction.

04:10 What is ERISA, and what does it stand for?

05:40 What is a fiduciary obligation for an employer?

08:18 "We're now at a point of spending 17.7% of our GDP on healthcare costs."

09:39 "You absolutely have the keys to … controlling that spend."

13:35 "You have to own your data."

15:04 "If you don't have your claims data, how do you know you're paying reasonable fees?"

15:31 "If your carrier is telling you, 'Oh, HIPAA … you can't look at your data,' you need to pull out that red BS card."

16:25 How do employers navigate carriers refusing to share claims data?

21:36 "It has only as much teeth as the self-funded employer is … willing to learn about it and … willing to push back."

22:22 "This is not aspirational; this is an absolute floor."

24:11 "What does value mean?"

27:41 "Become familiar with HIPAA beyond just the privacy piece."

29:30 "At the end of the day, it's about people."

29:38 "If you're not paying reasonable fees, you're using plan assets to enrich others."

32:21 "The self-insured market … they hold the keys to unlocking value. And they're holding them; they just have to use them."

34:10 Marshall Allen's new book.