The Phia Group, LLC is an experienced provider of health care cost containment techniques offering comprehensive consulting services, legal expertise, plan document drafting, subrogation and overpayment recovery, claim negotiation, and plan defense designed to control costs and protect plan assets.
…
continue reading
The Phia Group Podcasts

1
Episode 266: Empowering Plans: P227 – Method to the Badness
23:39
23:39
Play later
Play later
Lists
Like
Liked
23:39Join the dynamic duo of Ron Peck and Corey Crigger as they discuss the surge of equity investment into “sin” services – such as gambling and adult entertainment – and how this is likely only one part of a bigger strategy… A strategy that ties into the same investors’ recent backing of health care providers treating conditions caused, triggered, or …
…
continue reading

1
Episode 265: Empowering Plans: P226 – RBP Meets NSA: Clearing Up the Confusion
23:26
23:26
Play later
Play later
Lists
Like
Liked
23:26In the latest episode of the Empowering Plans podcast, attorneys Jon Jablon and Kendall Jackson discuss common misconceptions surrounding RBP plans and the NSA. From protections against balance billing to the Independent Dispute Resolution process, we are covering all of the areas of the NSA that you need to consider for an RBP plan.…
…
continue reading

1
Episode 264: Empowering Plans: P225 – Adverse Claims & Prior Authorizations: Big Changes Ahead
16:33
16:33
Play later
Play later
Lists
Like
Liked
16:33On the latest and greatest episode of the Empowering Plans podcast series, attorneys Bryan Dunton and Cindy Merrell discuss news that matters to you: how recent headlines signal sweeping changes to adverse claims determinations and prior authorization practices.
…
continue reading

1
Episode 263: Empowering Plans: P224 – CMS Spotlight: Cleaning Up Provider Data and Fixing IDR Errors
21:37
21:37
Play later
Play later
Lists
Like
Liked
21:37In this episode, we take a closer look at two key developments out of CMS that could reshape how provider data and dispute resolution work in practice. First, we explore the agency’s proposed National Provider Directory — an ambitious effort to clean up fragmented provider data and reduce ghost networks. Then, we break down insights from the July 2…
…
continue reading

1
Episode 262: Empowering Plans: P223 – Telemedicine, DPCs, and the Future of HSA-Compatible Plans under The One, Big, Beautiful Bill
17:14
17:14
Play later
Play later
Lists
Like
Liked
17:14Today, attorneys Kelly Dempsey and Naga Vivekanandan dive into the latest landmark healthcare-related legislation, nicknamed “The One, Big, Beautiful Bill," and how it will reshape High-Deductible Health Plans (HDHPs), telemedicine, and Direct Primary Care (DPC) arrangements. They explore the IRS rules, what's changed, and what it means for employe…
…
continue reading

1
Episode 261: Empowering Plans: P222 – SCOTUS Shockwaves: Analysis of June Decisions for Self-Funded Plans
21:57
21:57
Play later
Play later
Lists
Like
Liked
21:57In this episode of Phia’s Empowering Plans Podcast, attorneys Nicholas Bonds, Esq. and Bryan M. Dunton, Esq., break down the key Supreme Court rulings issued in June 2025 that have direct implications for self-funded group health plans and their fiduciaries. From decisions impacting coverage mandates, nationwide injunctions, and gender-affirming ca…
…
continue reading

1
Episode 260: Empowering Plans: P221 – Saying What You’re Thinking
26:58
26:58
Play later
Play later
Lists
Like
Liked
26:58Join The Phia Group’s Corey Crigger and Ron Peck as they discuss some of the things many in our industry seem to be thinking, but are often afraid to say aloud. Does being a good fiduciary mean being a bad guy? Tune in and find out.
…
continue reading

1
Episode 259: Empowering Plans: P220 – Algorithms and Adjudication: How AI Is Affecting the Self-Funded Industry
22:04
22:04
Play later
Play later
Lists
Like
Liked
22:04On the latest installment of the Empowering Plans podcast series, join attorneys Jon Jablon and Kendall Jackson as they discuss the integration of AI into the self-funded industry. From HIPAA considerations to current case law, this episode explores the impact of AI on health plans and TPAs thus far. It is an episode you can’t afford to miss!…
…
continue reading

1
Episode 258: Empowering Plans: P219 – Executive Orders, Tariffs, and a Crystal Ball
24:17
24:17
Play later
Play later
Lists
Like
Liked
24:17Join attorneys Bryan Dunton and Cindy Merrell as they explore President Trump’s latest moves to address the rising cost of prescription drugs. Cindy and Bryan discuss potential impacts of recent Executive Orders and proposed tariffs.
…
continue reading

1
Episode 257: Empowering Plans: P218 – Unreasonable Plan Fees on Trial: Cunningham v. Cornell University
15:46
15:46
Play later
Play later
Lists
Like
Liked
15:46In this episode, we unpack the Supreme Court’s unanimous decision in Cunningham v. Cornell University — a landmark ERISA case with major implications for retirement and health plan fiduciaries. We explain the facts behind the case, what “prohibited transactions” really mean, and why the Court's ruling on affirmative defenses matters. If your health…
…
continue reading

1
Episode 256: Empowering Plans: P217 – The Most Exciting Two Minutes in Cost Containment
28:32
28:32
Play later
Play later
Lists
Like
Liked
28:32The Run for the Roses is here! Join two of Phia’s Louisville, Kentucky, employees, Corey Crigger and Cindy Merrell, as they discuss the event that takes over their city once a year! Coming on the heels of a historic weather event, Corey and Cindy discuss all things Derby. From Cindy’s experience at Dawn at the Downs to predictions for winners, this…
…
continue reading

1
Episode 255: Empowering Plans: P216 – Why 2025 is the Year to Go Self-Funded
18:14
18:14
Play later
Play later
Lists
Like
Liked
18:14Our consulting team has received numerous questions in Q1 2025 about employers considering self-funding their health plans. Join Attorneys Jennifer McCormick and Kelly Dempsey as they go through what the driving factors are behind employers considering self-funding, the pros and cons of self-funding, and some of the major differences employers will…
…
continue reading

1
Episode 254: Empowering Plans: P215 – Plan Sponsor Discretion Advised
33:15
33:15
Play later
Play later
Lists
Like
Liked
33:15ERISA gives plan sponsors great power and great responsibility. On this week’s podcast, attorneys Ron Peck and Nick Bonds get back to ERISA fundamentals to talk about how to really embrace fiduciary status and properly exercise discretionary authority.
…
continue reading

1
Episode 253: Empowering Plans: P214 – Unpacking Weight Loss Drugs
27:37
27:37
Play later
Play later
Lists
Like
Liked
27:37On this episode of the Empowering Plans podcast, attorneys Corey Crigger and Kendall Jackson discuss the hot button topic of weight loss drugs. Tune in to learn more about the latest advances in this space and the various coverage and exclusion options plans may pursue.
…
continue reading

1
Episode 252: Empowering Plans: P213 – Error 304: Good Faith Negotiation Not Found
23:24
23:24
Play later
Play later
Lists
Like
Liked
23:24Artificial intelligence may be changing the trajectory of the self-funded industry – but can it negotiate? In this episode of The Phia Group’s Empowering Plans podcast, attorneys Brian O’Hara and Jon Jablon break down real-life examples of AI-driven responses in the No Surprises Act’s Open Negotiations process that range from nonsensical to outrigh…
…
continue reading

1
Episode 251: Empowering Plans: P212 – Lewandowski v. Johnson & Johnson – Big win or warning?
15:41
15:41
Play later
Play later
Lists
Like
Liked
15:41On this episode of the Empowering Plans Podcast, attorneys Brady Bizzaro and Cindy Merrell delve into the details of the Lewandowski v. Johnson & Johnson case. Is this case a big win for plan fiduciaries or a warning?
…
continue reading

1
Episode 250: Empowering Plans: P211 – Network Adequacy Under MHPAEA
19:29
19:29
Play later
Play later
Lists
Like
Liked
19:29Attorneys Kelly Dempsey and Bryan Dunton dive into the results of the 2024 MHPAEA Report to Congress. The EBSA and CMS have continued to improve their focus on network design and adequacy for group health plans. In this episode, Kelly and Bryan discuss how these parity problems manifest themselves in testing and what plans can do to resolve them.…
…
continue reading

1
Episode 249: Empowering Plans: P210 – Mental Health Parity: New Year, New Rules, New Lawsuits
14:38
14:38
Play later
Play later
Lists
Like
Liked
14:38Attorneys Jen McCormick and Nick Bonds ring in the Lunar New Year by breaking down the ERIC v. HHS lawsuit in which an industry advocate challenged the federal regulators’ new Final Rules enforcing the MHPAEA and mental health parity rules. Could this case blaze a new path for challenging agency actions in a post-Chevron Doctrine world? Join us as …
…
continue reading

1
Episode 248: Empowering Plans: P209 – 2025 Healthcare Hot Takes
30:54
30:54
Play later
Play later
Lists
Like
Liked
30:54It’s a new year, and a new type of Empowering Plans podcast! In a world full of talking heads and 2-minute news cycles, hot takes have become the norm. This is true from mainstream news media to sports talk radio. Ron Peck and Corey Crigger throw their hat in the hot take ring by speculating on what some of the biggest news stories could be in 2025…
…
continue reading

1
Episode 247: Empowering Plans: P208 – The Evolution of the Birth Control Benefits Mandate
8:55
8:55
Play later
Play later
Lists
Like
Liked
8:55On today’s episode of the Empowering Plans podcast series, attorneys Kendall Jackson and Brian O’Hara discuss the Biden administration’s decision to withdraw proposed rules that would have expanded the birth control benefits mandate. Join us in our discussion of the mandate and how it has evolved throughout the Obama, Trump, and Biden administratio…
…
continue reading

1
Episode 246: Empowering Plans: P207 – Denied Claims Beyond the Headlines
22:08
22:08
Play later
Play later
Lists
Like
Liked
22:08On this episode of the Empowering Plans podcast series, attorneys Corey Crigger and Cindy Merrell discuss the murder of UnitedHealthcare’s CEO, which fueled public outcry over denied claims.
…
continue reading

1
Episode 245: Empowering Plans: P206 – Non-Preferred Carrier Fees: Incentives or Control?
17:17
17:17
Play later
Play later
Lists
Like
Liked
17:17In this episode of the Empowering Plans podcast, attorneys Jon Jablon and Brady Bizarro delve into the details of a recent lawsuit where BCBS of Michigan, in its capacity as a TPA, is alleged to have engaged in anticompetitive practices for charging a fee to a group that chose a stop-loss carrier other than BCBS. This case is in its infancy as of D…
…
continue reading

1
Episode 244: Empowering Plans: P205 – Lessons From a Florida IDR Case
19:16
19:16
Play later
Play later
Lists
Like
Liked
19:16On this episode of the Empowering Plans Podcast, attorneys Ron Peck and Nick Bonds talk through a recent Florida case addressing judicial review of IDR determinations and highlight some of the key insights and takeaways for any entity subject to the No Surprises Act.
…
continue reading

1
Episode 243: Empowering Plans: P204 – Nightmares on Self-Funded Street
26:49
26:49
Play later
Play later
Lists
Like
Liked
26:49Join Attorneys Corey Crigger and Kendall Jackson on this Halloween edition of the Empowering Plans Podcast. Corey and Kendall take a look at topics that send shivers down the spine of the self-funded industry. How do you protect your plan from the scary cost of gene therapies? What will the rapidly advancing AI sector mean for you and your clients?…
…
continue reading

1
Episode 242: Empowering Plans: P203 – Gender-Affirming Care, Is it Covered?
15:27
15:27
Play later
Play later
Lists
Like
Liked
15:27On this episode of the Empowering Plans Podcast, attorneys Jon Jablon and Cindy Merrell explore the changing landscape of several state and federal laws that affect coverage of gender-affirming care.
…
continue reading

1
Episode 241: Empowering Plans: P202 – Senator Sanders: “Stop ripping us off.”
16:04
16:04
Play later
Play later
Lists
Like
Liked
16:04Attorneys Brady Bizarro and Andrew Silverio discuss today’s senate committee hearing on GLP-1 drug pricing and strategies that self-funded employers are using to manage the extreme costs of these drugs while we wait and hope for congressional action.
…
continue reading

1
Episode 240: Empowering Plans: P201 – Diving Into the Parity Pool: MHPAEA’s Latest Updates
16:33
16:33
Play later
Play later
Lists
Like
Liked
16:33Regulators finally announced the long-awaited MHPAEA Final Rules on September 9, 2024. Many of these changes will directly affect group health plan design and modify the NQTL comparative analysis testing requirements - many of which will be significant for plans as they prepare for 2025. Join attorneys Jennifer McCormick and Bryan Dunton for their …
…
continue reading

1
Episode 239: Empowering Plans: P200 – Recognizing Our Blind Spots
34:55
34:55
Play later
Play later
Lists
Like
Liked
34:55Dr. Marty Makary is a New York Times bestselling author, renowned Johns Hopkins surgeon, and globally recognized expert on medical research. In its most recent edition of the Empowering Plans podcast series (“Recognizing Our Blind Spots”), Dr. Makary was a special guest as he engaged in conversation with CEO Adam V. Russo about his new book, Blind …
…
continue reading

1
Episode 238: Empowering Plans: P199 – Summer Regulation Rundown
20:23
20:23
Play later
Play later
Lists
Like
Liked
20:23The regulators rush to finalize a suite of marquee regulations as the clock gradually runs out on the Biden administration. Even when finalized, these regulations may be vulnerable in the post-Chevron landscape. Attorneys Kelly Dempsey and Nick Bonds pick apart some of the big rules we’re looking forward to and the challenges they may face.…
…
continue reading

1
Episode 237: Empowering Plans: P198 – Healthcare on the Ballot
29:30
29:30
Play later
Play later
Lists
Like
Liked
29:30Nick Bonds and Corey Crigger are hosting this political edition of the Empowering Plans Podcast series. With an election looming in November, Nick and Corey take a look at the policies and agendas from the Harris/Walz and Trump/Vance tickets. They discuss the impact that each administration could have on the self-funded industry and the country, in…
…
continue reading

1
Episode 236: Empowering Plans: P197 – The Concerns About PBMs and the Demand for Reform
18:35
18:35
Play later
Play later
Lists
Like
Liked
18:35In this episode of the Empowering Plans podcast, attorneys Jon Jablon and Kendall Jackson break down the consequences of PBM steerage. Join us in the discussion of the Federal Trade Commission’s inquiry into PBM practices and the push for legislation to increase transparency in the market and hold PBMs accountable.…
…
continue reading

1
Episode 235: Empowering Plans: P196 – Exploring Claims Processing Models
16:46
16:46
Play later
Play later
Lists
Like
Liked
16:46On this episode of the Empowering Plans Podcast, attorneys Andrew Silverio and Cindy Merrell delve into the pros and cons of the pay and chase versus pend and pay models of claims processing. They provide an in-depth discussion on the coordination of benefits and the timing of claims processing when another party may be responsible for payment.…
…
continue reading

1
Episode 234: Empowering Plans: P195 – SCOTUS Decisions: Harrington and Loper's Impact on Healthcare
28:18
28:18
Play later
Play later
Lists
Like
Liked
28:18In this episode of the Empowering Plans podcast, attorneys Brady Bizarro and Corey Crigger break down two of the most significant Supreme Court cases just decided this term – the Harrington case (rejecting the largest opioid settlement in the country) and the Loper case (in which the Supreme Court ended Chevron deference). How will these cases impa…
…
continue reading

1
Episode 233: Empowering Plans: P194 – The Rapid Evolution of the Pregnant Workers Fairness Act
21:53
21:53
Play later
Play later
Lists
Like
Liked
21:53Just like the development of a child, regulations evolve in their ability to walk and talk over time. Join Jen McCormick and Kelly Dempsey as they go through the evolution of the Pregnant Workers Fairness Act – from passage in late 2022 to the final rules that took effect on June 18, 2024. They also discuss current court challenges where two courts…
…
continue reading

1
Episode 232: Empowering Plans: P193 – Stopping Esophageal Cancer In Its Tracks
29:46
29:46
Play later
Play later
Lists
Like
Liked
29:46In this episode of Empowering Plans, The Phia Group’s CLO – Ron Peck – sits down with experienced surgeon, Dr. Victoria Lee, to discuss a very dangerous – and costly – threat. Esophageal cancer is generally considered to be a death sentence, and historically screening options are invasive and costly, resulting in a low uptake. With the introduction…
…
continue reading

1
Episode 231: Empowering Plans: P192 – Places, Promises, and Plan Documents
19:10
19:10
Play later
Play later
Lists
Like
Liked
19:10In this installment of The Phia Group’s Empowering Plans podcast series, attorneys Jon Jablon and Cindy Merrell discuss a health plan that lost its ERISA protections because of a pre-cert snafu. Specifically, the provider was quoted benefits at U&C, but that’s not quite what the SPD said – so the court called it a promise outside the SPD, and the s…
…
continue reading

1
Episode 230: Empowering Plans: P191 – Derby Reflections and Gambles on Healthcare Strategies (Part 2)
16:05
16:05
Play later
Play later
Lists
Like
Liked
16:05In this concluding episode of our special two-part series on the Empowering Plans Podcast, Adam Russo and Corey Crigger return to unpack more significant developments in the self-funded space. This episode focuses on Walmart’s surprising withdrawal from the healthcare arena—a sector it heavily invested in just a year ago. Listen as they analyze the…
…
continue reading

1
Episode 229: Empowering Plans: P190 – Derby Insights and Gambles on Healthcare Strategies (Part 1)
19:29
19:29
Play later
Play later
Lists
Like
Liked
19:29Join us for a captivating two-part episode of the Empowering Plans Podcast. Adam Russo, CEO and Founder of The Phia Group, is back alongside Corey Crigger to delve into the exhilarating 150th Kentucky Derby and share why Corey’s insights are indispensable. This episode also addresses pressing concerns in the self-funded sector that are crucial for …
…
continue reading

1
Episode 228: Empowering Plans: P189 – SCOTUS Showdowns and Derby Delights
24:29
24:29
Play later
Play later
Lists
Like
Liked
24:29The Empowering Plans podcast gets a southern infusion in this very Kentucky-centric podcast! Cindy Merrell and Corey Crigger get together to discuss the 150th running of the Kentucky Derby. Before you hear about all things Derby, Cindy and Corey review two impactful Supreme Court cases that were argued in the last session and discuss the implicatio…
…
continue reading

1
Episode 227: Empowering Plans: P188 – Fiduciary Duties in the Spotlight – Lewandowski v. Johnson and Johnson
14:49
14:49
Play later
Play later
Lists
Like
Liked
14:49Attorneys Brady Bizarro and Andrew Silverio discuss the pending case of Lewandowski v. Johnson & Johnson, a lawsuit brought against plan fiduciaries for violating their fiduciary duties under ERISA. How did they violate those duties? By failing to negotiate drug prices and sufficiently oversee their PBM or investigate alternatives. No matter who wi…
…
continue reading

1
Episode 226: Empowering Plans: P187 – Decoding ACA FAQ #66: Essential Health Benefits Unpacked
14:25
14:25
Play later
Play later
Lists
Like
Liked
14:25Listen in as Kelly Dempsey and Brian O'Hara hit it out of the park in this Empowering Plans episode about Essential Health Benefits (EHBs)! The regulating bodies are at it again and issued ACA FAQ #66 on April 2, 2024! Listen in for a quick refresher on EHBs - how they started, where they are now, and where we’re going - and Phia’s interpretation a…
…
continue reading

1
Episode 225: Empowering Plans: P186 – Xenotransplantation: A Potential Game Changer for Self-Funded Plans
17:46
17:46
Play later
Play later
Lists
Like
Liked
17:46Ham it up with attorneys Nick Bonds and Jen McCormick from the Phia Group as they dive into the groundbreaking world's first successful genetically engineered pig kidney transplant at MGH in Boston. Explore the details of this medical breakthrough, its implications for the healthcare industry, and the considerations for the future of dialysis, plan…
…
continue reading

1
Episode 224: Empowering Plans: P185 – Weighing the Options
26:14
26:14
Play later
Play later
Lists
Like
Liked
26:14Over the last twelve months we have seen major interest in GLP-1s (Semaglutide- Ozempic / Wegovy and Tirzepatide – Mounjaro / Zepbound). Although GLP-1s have been around for years as a treatment for diabetes, the recent popularity is due to their use as a weight loss drug. Join Ron Peck and Corey Crigger as they discuss the impact this surge in dem…
…
continue reading

1
Episode 223: Empowering Plans: P184 – State of the Union, 2024
13:47
13:47
Play later
Play later
Lists
Like
Liked
13:47In his third State of the Union address, President Biden touted his administration’s record and outlined the issues he and his team will likely be campaigning on heavily as the 2024 presidential race kicks off in earnest. Sprinkled throughout were a number of policy wish list items, including some key healthcare initiatives that we’ll be keeping a …
…
continue reading

1
Episode 222: Empowering Plans: P183 – The Therapeutic Equivalence Approach: A New “Pill”ar of Contraceptive Coverage
14:31
14:31
Play later
Play later
Lists
Like
Liked
14:31The DOL recently issued new guidance on the long-standing contraceptive coverage mandate, and this time they took a different approach. Instead of clarifying prior guidance or issuing novel interpretations of the law, the DOL is giving health plans an alternative way to comply with the contraceptive coverage mandate: either follow the prior guidanc…
…
continue reading

1
Episode 221: Empowering Plans: P182 – Navigating Post-Settlement Fund Pursuits
12:19
12:19
Play later
Play later
Lists
Like
Liked
12:19Attorneys Andrew Silverio and Cindy Merrell discuss a newly decided case which provides a roadmap for pursuing settlement funds after disbursement. Who has the burden of proof when the funds have been dissipated? What is lowest intermediate balance rule?
…
continue reading

1
Episode 220: Empowering Plans: P181 – Chevron Deference in Peril – What It Could Mean for Healthcare Regulations
17:06
17:06
Play later
Play later
Lists
Like
Liked
17:06In this episode of the Empowering Plans podcast, attorneys Brady Bizarro and Brian O’Hara discuss the legal doctrine involved in two cases now before the Supreme Court – Chevron deference. They’ll explain what it means, why it is important for federal agency action, and how it impacts the entire healthcare industry. With a decision expected by this…
…
continue reading

1
Episode 219: Empowering Plans: P180 – The Continuing Evolution of MHPAEA
15:29
15:29
Play later
Play later
Lists
Like
Liked
15:29One might think they’re listening to a broken record when hearing Jennifer McCormick and Kelly Dempsey discuss the ever-shifting landscape of the Mental Health Parity and Addiction Equity Act (MHPAEA), but alas, this is a brand new podcast! As we start 2024, we are reframing our mindset and are making some changes to address the evolving MHPAEA reg…
…
continue reading

1
Episode 218: Empowering Plans: P179 – Higher Healthcare Prices (Made From Concentrate)
17:14
17:14
Play later
Play later
Lists
Like
Liked
17:14The trend of provider consolidation is primed to pick up pace in 2024, distilling some areas into ever more highly concentrated healthcare markets. Ron Peck and Nick Bonds break down how this concentration impacts the costs of healthcare and can drive costs upward for employers and employees alike. With fewer provider options, higher prices, and pa…
…
continue reading

1
Episode 217: Empowering Plans: P178 – Back to December (Phia’s Version)
19:19
19:19
Play later
Play later
Lists
Like
Liked
19:19It is the last podcast of the year, and you know All Too Well that it is Phia’s 2023 year-in-review! Sparks Fly as Kendall Jackson and Corey Crigger talk about how Everything in PGC and Provider Relations Has Changed in 2023. If you need to catch up on anything from the No Surprises Act to Gag Clause Attestations, You Need To Calm Down and Stay Sta…
…
continue reading