The following is an excerpt taken from a Law360 article featuring insurance attorney, Todd Smith. 

UnitedHealth Group Inc. will urge the U.S. Supreme Court to take up an Employee Retirement Income Security Act case that hinges on a method of recovering overpayments called cross-plan offsetting, arguing that an Eighth Circuit decision blocking UnitedHealth from using offsetting could create tumult for insurers if allowed to stand.

Here are five things benefits attorneys are telling employers as UnitedHealth makes its case for high court review.

1. Have a Conversation With Your TPA
2. Get Protection Where you Can
3. Check the Plan Documents
4. Amend the Language if Needed
5. Keep an Eye on the Courts

Law360 subscribers can read the full article here.