Articles

John McGowan's Article, "Anthem Data Breach Focuses Attention on Role Benefit Plan Fiduciaries Play in Managing & Controlling Plan Records" is Published in Bloomberg BNA Health Insurance Report and Bloomberg BNA Pension & Benefits Daily

Articles / February 18, 2015

Partner John McGowan recently wrote an article, entitled “Anthem Data Breach Focuses Attention on Role Benefit Plan Fiduciaries Play in Managing & Controlling Plan Records,” which appeared in Bloomberg BNA Health Insurance Report on Feb. 18, 2015, and in Bloomberg BNA Pension & Benefits Daily on Feb. 19, 2015.

In the article, McGowan observes that “The recently announced cyber-attack on Anthem’s massive database shines a bright light on an apparent weak link in the nation’s health care system.” He goes on to explore the responsibility of ERISA plan fiduciaries in protecting the personal medical and/or financial information of the plan’s participants and beneficiaries, noting that federal law requires such fiduciaries to protect the interests of those covered by that plan.

McGowan outlines several specific strategies that plan fiduciaries should consider pursuing in the wake of the Anthem breach, whether or not their plans were specifically affected by that breach, including reviewing current agreements and indemnification language and requesting copies of the insurer’s data encryption policies. He cautions that that “While it might be imprudent to overreact, it would be imprudent to underreact, and it plainly would be imprudent to do nothing.”

Read the full article.