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Who Watches the Watchers? The Hidden Problem in Employer Healthcare with special guest Darren Fogarty EOB Podcast
In this episode of The EOB Podcast, Justin and Julie break down one of the biggest developments in the employee benefits industry: the growing wave of litigation surrounding voluntary benefits, excessive compensation, and fiduciary responsibility.
With a fifth lawsuit now filed against a major employer and consulting firm, the conversation explores what these cases mean for brokers, employers, and anyone responsible for managing employee benefit plans. The discussion dives into ERISA safe harbors, prohibited transactions, compensation disclosures, and why transparency is quickly becoming one of the most important responsibilities in healthcare benefits.
Topics include:
🔹 The latest voluntary benefits lawsuits and what they allege
🔹 Why ERISA safe harbor protection is harder to achieve than many believe
🔹 Prohibited transactions and hidden compensation risks
🔹 What employers should expect from their advisors and vendors
🔹 The future of compensation disclosures under CAA 2026
🔹 The growing importance of fiduciary liability insurance
🔹 The Northwestern “financial domination” case and its potential impact on health plan design
🔹 Best practices for transparency, prudence, and fiduciary governance
Justin and Julie also share real-world stories from the industry, explain how hidden commissions continue to surface, and discuss why employers should treat healthcare purchasing like every other major business decision: ask questions, demand transparency, and know exactly what you’re paying for.
If you’re an employer, broker, benefits consultant, HR leader, or healthcare fiduciary, this episode is packed with practical guidance on navigating an increasingly complex regulatory and litigation landscape.
🎙️ Subscribe to The EOB Podcast for honest conversations about healthcare benefits, ERISA, fiduciary responsibility, transparency, and the future of employee-sponsored healthcare.
Source: https://eobpodcast.com
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