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Bankruptcy issues for self-insured plans

My latest contribution to BloombergLaw was the following piece on some of the unique issues and challenges presented for self-insured employers and their plan administrators when those employers seek (or contemplate) bankruptcy relief. In brief: 

  • Read your contracts (always good advice!) and identify any slippages in performance;
  • Attend to first-day matters, including possible priority treatment of plan contributions; and 
  • For plans already terminated, watch out for run-off periods that may linger even after the employer seeks bankruptcy protection.
As employers across the country struggle to outlast the current medical and economic crisis, [self-insured plan] administrators can stay ahead of potential problems by taking a proactive approach to ensuring compliance with contract terms, corralling deficiencies before they worsen, and recognizing the challenges and opportunities when bankruptcy enters the picture.


restructuring & insolvency