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[Official Guidance]
Text of CMS Revised Final 2026 Actuarial Value (AV) Calculator Methodology (PDF)
23 pages. "[CMS is] revising the Final 2026 AV Calculator ... to accommodate potential new de minimis ranges and a potentially updated MOOP limit. The only changes that are being made to the Final 2026 AV Calculator ... [are] [1] The de minimis range for bronze,
silver, gold and platinum plans was expanded to +2 percentage points to -4 percentage points; [2] The de minimis range for expanded bronze plans was expanded to +5 percentage points to -4 percentage points; [3] The de minimis range for income-based silver CSR plans was expanded to +1 percentage points to -1 percentage points; [4] The MOOP limit was updated to $10,600; and [5] The AV
Calculator version number was updated, and the AV Calculator label was updated to 'Revised Final 2026 AV Calculator'. These changes do not affect the AV calculation methodology." [Also available: Revised Final 2026 Actuarial Value Calculator (XLSM)] MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Guidance Overview]
Telehealth Cliff Averted, for Now (But September Is Only Six Months Away)
"With the passage of the Continuing Resolution (CR) ... current telehealth flexibilities and Medicare coverage for the benefit will not expire on March 31.... Certain provisions ... remain excluded, such as first dollar coverage of High Deductible Health
Plans/Health Savings Accounts (HDHP-HSA)[.]" MORE >>
Epstein Becker Green
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[Guidance Overview]
Missouri's Paid Sick Leave Legislation; Court Challenges Continue
"Barring extraordinary relief by the Missouri legislature or the Missouri Supreme Court, employers are required to provide written notice to their employees about the paid sick time by April 15. Employers should proceed as if the paid sick leave law will take effect on
May 1, 2025[.]" MORE >>
Jackson Lewis P.C.
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First Circuit: ERISA Preempts Wrongful Death Action Based on Denial of Inhaler to Asthmatic
"The First Circuit also concluded that the wrongful death claim was preempted because it 'duplicates, supplements, or supplants the ERISA civil enforcement remedy' in 29 U.S.C Section 1132(a) and thus 'conflicts with the clear congressional intent to make the ERISA remedy exclusive.' This was true even though plaintiff was neither a plan participant nor a beneficiary with standing to sue under ERISA." [Cannon v. Blue Cross & Blue Shield of Mass., No. 24-1862 (1st Cir. Mar. 19, 2025)] MORE >>
Kantor & Kantor
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Wells Fargo Health Plan Lawsuit Dismissed
"The court found that the former employees could not satisfy Article III's standing requirements because their alleged harm is 'speculative and, ultimately, not redressable.' In addition, the court said it is speculative that the allegedly excessive fees the plan paid
to Express Scripts 'had any effect at all' on plaintiffs' contribution rates and out-of-pocket costs for prescriptions." [Navarro v. Wells Fargo & Co., No. 24-3043 (D. Minn. Mar. 24, 2025)] MORE >>
planadviser
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Employer Health and Benefits Strategy Survey, 2025 Edition (PDF)
10 pages. "When asked about strategic organizational priorities related to offering health and benefits plans, most employers ranked attracting and retaining talent as #1.... Employers ranked controlling cost as the most critical focus for their 2025 health and well-being plans
and a top three priority overall.... Employers are offering several programs or are actively considering investing in a number of different services to fill in the gaps for an ever-changing and evolving workforce." MORE >>
Brown & Brown, Inc.
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Don't Overlook Health and Welfare Issues in a Merger or Acquisition
"The first step in determining what terms should be in the purchase agreement and what to review in the due diligence process is to identify what plans the seller maintains. While the seller is usually required to disclose all of its benefit plans, written or unwritten, as a part
of the purchase agreement, it is a best practice to verify this through a review of documents ... Some benefits need more scrutiny to determine the absence of significant problems." MORE >>
KLB Benefits Law Group
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Why Reproductive Health Benefits Are a Good Investment for Employers
"The percentage of workers who want reproductive and maternal health benefits exceeds the percentage of employers that offer these benefits ... This gap is particularly large for contraceptive access and coverage, abortion access and coverage, fertility services, leave for
pregnancy loss, post-partum care, lactation support, and menopause treatment. And it's not just women workers who care about these employee benefits." MORE >>
Forbes; subscription may be required
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Improving PBM Procurement
"[1] Start the RFP process early -- and be specific ... [2] Deprioritize member disruption as a decision factor ... [3] Be wary of PBM coalition arrangements ... [4] Think beyond the spreadsheet ... [5] Break the addiction to
rebates." MORE >>
ebn
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Reimagining Pharmacy Channel Reimbursement Within the Supply Chain (PDF)
10 pages. "As the pharmacy distribution market considers emerging reimbursement models, stakeholders are seeking solutions that support several key principles: [1] Cost-plus inspires stakeholders' confidence that reimbursement will be stable and cost-correlated
[2] Consistent financial performance over time [3] Model conversion that is fiscally neutral for stakeholders ... [T]his whitepaper describes a framework for evaluating widespread adoption of a cost-plus pricing methodology for the pharmacy distribution model." MORE >>
Milliman
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Server Software Misconfiguration Leads to HIPAA Settlement of Nearly $228,000
"The BA's reports indicated that a software misconfiguration resulted in ePHI stored on its servers being accessible on the internet and subject to automated web crawlers (search devices) beginning in August 2015. However, the BA did not discover the breach until nearly
three years later -- in June 2018." MORE >>
Thomson Reuters Practical Law
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Benefits in General |
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[Opinion]
What Patent Trolls Can Teach Us About Tackling Problems in the ERISA Class Action Industry
"[T]he sheer complexity of ERISA and of its application in specific circumstances often requires multiple decisions by multiple courts before a consensus is reached on what the correct rule on a given issue actually should be.... [P]erhaps the best solution is a structure that
feeds any conflicting circuit court opinions automatically to a designated and specialized appellate bench above the circuit courts but below the Supreme Court, to maximize the opportunities for such diverse decisions to be synthesized." MORE >>
Stephen Rosenberg, The Wagner Law Group
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Press Releases |
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The Cerrado Group Announces Professional Benefit Services as Newest Member Firm
The Cerrado Group
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Webcasts and Conferences (Health & Welfare Plans) |
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Ethical Considerations for ERISA Practitioners
RECORDED
PLI [Practising Law Institute]
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Employee Benefit Plan Market Trends & Cost Mitigation Plan Strategies
April 10, 2025 in OH
Worldwide Employee Benefits Network [WEB] - Northeast Ohio Chapter
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Section 125 Plans, Qualifying Events and Special Enrollment Periods
April 16, 2025 WEBINAR
Savoy
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Women's Health in the Workplace: Key Challenges, Strategies, and Best Practices
May 1, 2025 in TX
Worldwide Employee Benefits Network [WEB] - Dallas Chapter
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Tackling the Intersection Between and Among the ADA, the FMLA, and Collective Bargaining Agreements
May 20, 2025 WEBINAR
Littler
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Last Issue's Most Popular Items |
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When an Employee Dies: A Resource Guide for HR and Benefits Professionals
Foley & Lardner LLP
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JPMorgan Lawsuit Could Reshape Fiduciary Standards for Health Plans
Bolton
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Plaintiffs Double Down on Challenges to PBM Arrangements in Class Action Lawsuits
Groom Law Group
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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