self-funded health care self-funded health care self-funded health care, also known as administrative services only (aso), is a self insurance arrangement in the united states whereby an employer provides health or disability benefits to employees using the company's own funds. this is different from fully insured plans where the employer contracts an insurance company to cover the employees and dependents. in self-funded health care, the employer assumes the direct risk for payment of the claims for benefits. the terms of eligibility and covered benefits are set forth in a plan document which includes provisions similar to those found in a typical group health insurance policy. unless exempted, such plans create rights and obligations under the employee retirement income security act of 1974 ("erisa"). health plans in the united states, a self-funded health plan is generally established by an employer as its own legal entity, similar to a trust. the health plan has its own assets, which, under the employee retirement income security act of 1974 (“erisa”), must be segregated from the employer's general assets. the health plan's assets are derived from pre-tax (in most cases) contributions made by employees, and sometimes additional contributions made by the employer. the contributions to the health plan's assets are required to be immediately segregated from the employer's general assets. any claims incurred by plan members in excess of the amount contained within the health plan's pool of assets are the sole responsibility of the employer. the employer, in that case, must deposit its own funds into the health plan's trust account sufficiently to fund any outstanding claims liabilities. health plans that cover dependents as well as employees collect contributions for dependents from the employee's payroll deductions. similar to in traditional insurance, the plan sponsor determines the cost of health coverage and generally requires different payroll deductions depending on whether an employee elects self-only coverage, self plus spouse, self plus spouse plus child(ren), or certain other permutations as determined by the plan sponsor. self-funded health care allows some flexibility in structuring a benefit plan; some plans allow fewer options, for example only a choice between self-only coverage and full family coverage, with two contribution tiers. designs as health care costs continue to rise, more employers will look to alternative ways to finance their healthcare plans. consumer driven plans have become popular recently as employers look to shift some of the accountability to employees. hsas (health savings accounts) and hra (health reimbursement accounts) encourage employees to shop around for the best value when considering elective medical procedures or filling pharmacy prescriptions. self-funded plans take one step further in that they provide all claims data to employers allowing them to set up an epo (exclusive provider organization) basically a ppo hand selected by the organization to eliminate high cost providers. prevalence historically self-funding has been most effective for large corporations and fortune 500 companies with over 1,000 employees but with the rising cost of healthcare over the past ten years at a rate of close to 10%, self-funding has become an option for smaller employers. it is now estimated that the average self-funded plan covers 300-400 employees and that, of private sector employees that have a workplace health plan, 59% were covered by a plan that is at least in part self-insured. while some large employers self-administer their self funded group health plan, most find it necessary to contract with a third party for assistance in claims adjudication and payment. third party administrators (tpa's) provide these and other services, such as access to preferred provider networks, prescription drug card programs, utilization review and the stop loss insurance market. insurance companies offer similar services under what is frequently described as "administrative services only" or "aso" contracts. in these arrangements the insurance company provides the typical third party administration services but assume no risk for claims payment. perhaps the biggest advantage of self-funded plans is transparency of claims data. self-funded employers who contract a tpa receive a monthly report detailing medical claims and pharmacy costs. knowing this information becomes instrumental in controlling costs by shifting buying patterns. other advantages include plan flexibility, access to national ppo networks, and financial savings. affordable care act the affordable care act has had huge ramifications on self-funded health plans; market reforms have invalidated many plan designs that were previously used, and now that employees are required to have health insurance and many employers are required to offer health benefits as well, the self-funded industry has enlarged. in the united states, self-funded plans must comply with a number of the provisions in the ppaca including dependent coverage until 26, prohibition on rescission, and prohibition annual or lifetime limits. however, while the aca required coverage of essential health benefits for fully insured plans, self-funded plans are notably exempt from this requirement. erisa erisa is a federal law that sets minimum standards for employee benefit plans, including pension plans and health benefit plans, in private industry within the united states. erisa neither requires an employer to establish a pension plan, with few exceptions, nor dictates what benefits must be offered; instead, it requires that employers who establish plans meet certain minimum standards. the law is designed for the protection of plan participants, and to ensure a uniform statutory body of law regulating applicable benefit plans, throughout every jurisdiction in the country. plan sponsor and plan administrator there are two primary entities involved in the formation and administration of a health plan – the plan sponsor and the plan administrator. these terms are defined separately and the difference is important. plan sponsor the plan sponsor (also known as the “employer” or “group”) is the entity that sponsors, crafts, offers, maintains, and funds the plan. while the duties of a plan administrator may be delegated to an entity other than the employer, the law invariably requires that the employer be considered the plan sponsor. plan administrator the plan administrator is the entity charged with general plan administration duties, similar to a trustee in the case of a trust. the plan administrator is always a plan fiduciary; the plan administrator can share the fiduciary duty with other entities, but the plan administrator is required to assume some fiduciary duty and cannot disclaim that duty. in general, the plan administrator is the employer – but new trends in the industry are seeing more and more groups outsourcing plan administrator duties to tpas or other entities for a fee. employers that sponsor self-funded insurance plans often contract with a third-party administrator (tpa), which is an entity that provides ministerial services on behalf of the health plan and the plan sponsor. traditionally, tpas do not make discretionary claims determinations; if a determination requires interpretation of the governing plan document, most tpas do not make it but instead require the plan administrator to provide its own determination. this is because a fiduciary duty is incurred by any entity that exercises discretion over plan assets or in connection with making a binding determination under a health plan. according to erisa, no matter which entity is identified as a fiduciary within the health plan, any entity will be considered a fiduciary if that entity acts as a fiduciary in a given case. plan sponsors contract with their chosen tpa by means of an agreement known as an administrative services agreement, which outlines the tpa's duties, generally including administering payment for claims, issuing benefit determinations, and distributing documentation. this agreement generally contains provisions that provide for the tpa's access to the employer's claims funding bank account, and tpas generally charge on a per-employee-per-month fee. contrast to traditional insurance traditional insurance is, in general, a way for individuals to manage the risk of their health care expenses. individuals pay a set premium to an insurer, and in turn the insurer agrees to pay that person's eligible healthcare claims. all risk transfers to the insurer; no matter how much is racked up in eligible claims, the insurer bears the risk of paying those claims and the insured can rest easy knowing that he or she will not be responsible. in self-funded health care, plan sponsors have broad discretion to determine what terms will be used in the plan, as well as to decide which entities will have the authority to make benefits determinations, factual determinations, appeals determinations, and language interpretations. in traditional insurance, those responsibilities (and risks) are all borne by the insurer. part of every insurance premium is allocated to the payment of health claims, and part is allocated to profit for the insurance company. profit generated by a traditional insurer comes directly from the policyholders, while a self-funded health plan is, or is funded by, a trust. funding self-funding involves a transfer of risk from the employee and his/her dependents to the employer directly. self-funded health plans pay health claims out of plan assets; there is no element of traditional insurance on these programs, and the employer assumes all additional liability for claims that have not been paid by plan (trust) assets. some health plans have no plan assets; known as an unfunded plan, a plan with no assets is funded solely from the general corporate assets of the plan sponsor. plan assets can never inure to the benefit of the plan sponsor. once funds become plan assets – whether through payroll deductions from employees or employer contributions to the plan – those assets invariably belong to the plan. stop-loss insurance stop-loss insurance is a form of reinsurance that insures self-funded plans and their assets. due to the limited assets at the disposal of an average employer as compared to an insurance company, an employer could easily bankrupt itself if its employees incur a large number of high-dollar claims and the employer is unable to fund them all. this risk is where the concept of stop-loss insurance comes into play, as it provides the employer with an additional source for funding to pay for catastrophic losses. smaller managed care organizations also may purchase stop-loss insurance to protect themselves from the risk of catastrophic claims loss, but larger insurance companies, such as those that more commonly provide fully insured policies to employers, typically have a large enough pool of assets to be able to assume all of the risk of paying claims. most employers, however, have a tangibly limited pool of assets. as employers turn to erisa pre-emption as a way to bypass variable state regulations and state regulations unfriendly to self-funded health plans, it has become apparent that for many, the only way to achieve this is through the health plan's purchase of stop-loss insurance; however, many states have passed laws that attempt to regulate or limit the issuance of stop-loss insurance to certain groups, either by prohibiting the sale of stop-loss insurance to “small groups” or by setting a statutory minimum attachment point. a 2013 kaiser family foundation study revealed that 59% of self-insured groups’ employees are members of plans that have purchased stop-loss insurance. that number may be a significant underestimate, however, due to groups' being hesitant to admit that they have stop-loss coverage. in a traditional fully insured health plan, the employer regularly pays a premium, which is a fixed rate for a given time period, and the covered employees pay a monthly contribution to the employer designed to partially offset the employer's premium. in general, the premium does not change except in certain specific instances, such as, most commonly, a change in the number of covered employees. the insurer collects the premiums and pays the health care claims based on the benefits in the health insurance policy that was underwritten and purchased. the employees are responsible to pay any deductibles or co-payments required under the policy. a self-funded plan has fixed components similar to an insurance premium; but to contrast, the self-funded plan pays the claims incurred by the plan participants, and the employer's risk is not capped. even with stop-loss insurance, the employer still retains one hundred percent of the risk of claims payments, in a purely self-funded scenario. stop-loss insurance reimbursements are made if the claims costs exceed the catastrophic claims levels in the policy, but if a stop-loss carrier became defunct or simply breached the contract, there would be nothing alleviating the self-funded plan from responsibility for the full amount of claims. state regulation while erisa preempts