Contracting Resources
Smart contracting starts here. HPA members get exclusive access to our suite of contracting toolkits — practical, expert-developed resources designed to help employers eliminate hidden costs, protect their data rights, and get more value from every vendor relationship. The executive summaries below offer a preview of each toolkit. Members can contact us for full versions and personalized staff support.
As healthcare contracts become more transparent and regulations more demanding, understanding your fiduciary responsibilities has never been more important. This toolkit guides plan sponsors through the essentials of ERISA compliance — from identifying fiduciaries and overseeing brokers to strengthening contracting practices and leveraging data analytics. Updated regularly to reflect the evolving regulatory landscape, it also includes a sample fiduciary committee charter to help your organization get started.
This comprehensive, self-guided toolkit equips employers and benefits purchasers with the knowledge and practical tools needed to drive biosimilar adoption and reduce specialty drug costs. Organized into six learning modules, it covers everything from biosimilars basics to contracting strategies, legislative transparency tools, and value-based care alignment. The toolkit includes model contract language, audit checklists, step-by-step guides for leveraging key federal transparency laws (including the CAA 2020, Transparency in Coverage Rule, No Surprises Act, and Hospital Price Transparency Rule), and a real-world case study demonstrating significant cost savings. With biosimilars costing on average 50% less than their reference biological products — and projected savings of $181 billion over the next five years — this resource provides employers the actionable guidance needed to overcome adoption barriers, negotiate with health plans and PBMs, and fulfill their fiduciary obligations under ERISA.
Pharmacy Benefit Contracting Toolkit
Pharmacy spend accounts for nearly a quarter of total health plan costs — and a significant portion of that goes to middlemen. This toolkit gives employers the contract language and RFP terms needed to eliminate spread pricing, ensure full rebate pass-through, protect data access rights, and actively manage pharmacy costs. In addition to this resource, HPA staff is available to support plan sponsors during their PBM contracting process.
Third Party Administrator Contracting Toolkit
TPA contracts are complex, and the fine print often favors the administrator. This toolkit highlights the key contract terms and purchaser rights that every employer should have in their TPA agreement — including full claims data access, robust audit rights, enforceable performance guarantees, and the flexibility to carve out services and integrate high-value point solutions.
"HPA has been an invaluable resource, providing expert guidance and thoughtful insight throughout our recent RFP and contracting processes for our TPA and PBM. Their careful review of complex documents and clear explanations of key issues have genuinely informed and supported our decision-making."
Tracy Elliott, Executive Director of Finance and Controller, University of Maine System
HPA is not a law firm and these resources do not constitute legal advice. We encourage all plan sponsors to conduct their own due diligence and seek qualified legal counsel before entering into or modifying any vendor agreements.