A managed care contract should be developed between the employer and the selected fiduciary, and the contract should ensure that:

the fiduciary is not responsible for monitoring its discretionary authority.

the proper indemnities are negotiated on behalf of the employer and its employees.

the fiduciary is committed to supplying the employer with data on the various aspects of its performance.

a hold$-$harmless clause is provided for employees for payment for services rendered and financial disclosures are made as appropriat