Here’s what employers can do now:

1. Understand the fiduciary obligation

If you are a corporate leader and you’re not familiar with your obligations under the CAA, educate yourself or find a partner to get you up-to-speed quickly. This law is not optional, and ignorance won’t protect you in court. Ensure other leaders are educated too, including HR, legal and procurement teams on this fiduciary responsibility and how to mitigate risk.

2. Break free from conflicted advice

Stop relying on the foxes to guard the henhouse. Too many “consultants” are financially tied to the very carriers and vendors they’re supposed to evaluate. Employers should engage independent advisers who are contractually and financially free of conflicts of interest. Without this, there is no way to ensure the objectivity or integrity of your health plan decisions. Before entering any consulting engagement, require potential advisors to fully disclose any conflicts of interest. Choose those that are unconflicted and solely aligned with your organization’s goal. Unbiased, conflict-free advisors are essential for employers to effectively fulfill their fiduciary responsibilities.

3. Demand your data — and use it

Data is power. And most employers have shockingly little access to their own health care data. That must change. Employers should demand full claims and pricing data, free of gag clauses. They should consider joining employer groups creating industry benchmarks and tools such as comparative commercial pricing-quality benchmarks which correlate price and quality specifically to their corporation’s specific provider claims data. These apples-to-apples benchmarks of price and quality already exist in the Medicare space but are virtually absent in the commercial market.

Instant Insights /

Why it’s hard for corporate America to buy the best health care for employees

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