Managed Care Outlook 2024: ERISA health plan litigation: Meaningful dialogue, powers of attorney and use of AI – Artificial intelligence, technology and data privacy

Lexology January 17, 2024
Reed Smith LLP

In 2024, ERISA litigation will witness new battlegrounds emerging across three distinct areas.

Key takeaways

• Plans and administrators should expect new battles over ERISA disclosure requirements, greater use of powers of attorney by providers and challenges to plans’ use of AI
• They should implement best practices around a) communication with members; b) provider powers of attorney; and c) implementing stronger protocols around AI-assisted claims determination

Increased disclosure requirements

Courts may apply more stringent ERISA disclosure requirements in the wake of a recent 10th Circuit decisions.

In D.K. v. United Behavioral Health, 67 F.4th 1224 (10th Cir. 2023), the Tenth Circuit adopted a more stringent approach to an administrator’s disclosure requirements under ERISA. The court held that administrators must...

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