Federal transparency requirements have significantly expanded expectations for disclosure of broker and consultant compensation related to employer‑sponsored health plans. Under the Consolidated Appropriations Act, plan fiduciaries must understand both direct and indirect compensation paid to brokers and consultants in order to determine whether arrangements are reasonable and compliant with ERISA.
How MHA Solutions Supports Members
Through MHA Solutions, member hospitals have access to guidance and resources to help meet broker compensation transparency requirements and support fiduciary decision‑making. This includes helping hospitals understand what disclosures are required, how to review them, and how compensation information fits into broader fiduciary oversight of health benefits.
Support includes
• Education on federal broker and consultant compensation disclosure requirements for ERISA‑covered health plans
• Guidance on reviewing and evaluating direct and indirect compensation disclosures, including commissions, fees, and third‑party payments
• Support for documenting fiduciary review and decision‑making related to broker and consultant arrangements
• Assistance aligning compensation transparency with overall governance, vendor oversight, and compliance practices
• Resources to help hospitals respond appropriately if disclosures are incomplete or change over time
Why It Matters for MHA Members
As ERISA fiduciaries, hospital leaders are responsible for ensuring that service provider arrangements are reasonable and free from undisclosed conflicts of interest. Failure to obtain or review required compensation disclosures can expose plans and fiduciaries to regulatory action and litigation risk. Through MHA Solutions, hospitals can strengthen transparency, improve oversight, and demonstrate a prudent, defensible approach to managing broker relationships and health benefit costs in a rapidly evolving regulatory environment.