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Health & Welfare Plans Newsletter

April 28, 2025

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💼  5 New Job Opportunities

 

Following Oral Argument, Supreme Court Calls for New Briefs in HHS Task Force Case

"[At the April 21] oral argument, some justices questioned whether the HHS secretary actually has the power to appoint members of the task force, or at the very least whether the court should reach that issue when the lower court had not yet weighed in on it. [The April 25 order] seeks more information on that issue from both sides, suggesting that the justices continue to be interested in it." [Braidwood Mgmt, Inc. v. Kennedy, No. 23-10326 (5th Cir. Jun. 21, 2024; cert. pet. granted Jan. 10, 2025; oral arg. Apr. 21, 2025)]  MORE >>

SCOTUSblog

[Sponsor]

'F' as in Fiduciary: for Health Plan Benefits Administrators -- Webinar May 1

CAA 2021 introduced new fiduciary requirements for employer-sponsored health plans. May 1 webinar for benefits specialists, plan professionals, HROs, CFOs, CEOs, business owners, or other fiduciaries tasked with healthcare plan oversight. Register now.

Sponsored by Worldwide Employee Benefits Network [WEB]

Who Must File Form 5500 for Health and Welfare Plans

"Since not all plans are required to file, it is important for Plan Sponsors to understand which plans are required to file Form 5500.... For health and welfare plans subject to ERISA, the Form 5500 filing requirements typically depend on the number of participants in the plan ... Plan Sponsors that are determining participant counts in the group health plan should rely on payroll records that are cross-referenced with enrollment information to ensure that accurate data is used."  MORE >>

HUB International

What If an Employee Doesn't Tell You They Got Divorced?

"Coverage ends at divorce ... Section 125 plan considerations ... COBRA and the 60-day rule ... Is retroactive cancellation a problem?"  MORE >>

Bricker Graydon

A Practical Guide to Ancillary Benefits

"This guide breaks down the types of ancillary benefits, how to implement them effectively, and why they're essential in a modern, people-first workplace. With actionable tips and real-world examples, it's your roadmap to building a benefits package that truly stands out."  MORE >>

Nava

New Administration Continues Pace of OCR's HIPAA Enforcement

"The PIH settlement underscores the continuing importance of timely breach notification and comprehensive HIPAA compliance. Covered entities and business associates should ... re-evaluate their breach response procedures to confirm that they meet the HIPAA requirements."  MORE >>

Nixon Peabody LLP

How Do Insurance Benefits Change Based on Company Size?

"Providing employees with benefits such as life insurance and short- and long-term disability can help provide a sense of job security in the event of illness or injury. But for small businesses, providing access to those benefits is an uphill battle ... Insurance benefit rates across various company sizes [chart]."  MORE >>

ebn

[Opinion]

Your Plan, Your People, Your Responsibility

"Wall Street and private equity-driven companies -- the same companies running these carriers -- are ruthlessly committed to one thing: protecting their profits. If that means delaying care, denying claims, or even spying on lawmakers and patients to preserve sweetheart government contracts, so be it. If you think Carrier X is going to manage your employees' health needs better than an independent TPA with a fairly written, member-protective Summary Plan Description -- you need to read what happened here."  MORE >>

Craig Gottwals, via Substack; login may be required

Benefits in General

How Supreme Court's Cornell Decision Will Affect ERISA Lawsuits (PDF)

"The impact of this decision will extend beyond the Cornell dispute because all plan sponsors have similar service arrangements ... The Court ... [suggested] guardrails that could be imposed by district court judges to control those meritless lawsuits ... However, these guardrails would be imposed at the discretion of individual judges and their application would likely be inconsistent. Amending ERISA to clean up the language in Section 406 that the court was constrained by would be preferable[.]" [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

Cohen & Buckmann PC, via Law360

Proposals Target DOL's Audit Process and Cooperation with Plaintiffs' Attorneys

"[T]he EBSA Investigations Transparency Act (HR 2869) ... would require DOL reporting on the status of its open employer plan audit projects.... [T]he Transparency for Secret Litigation Agreements Act (HR 2958) ... would require DOL to formalize and disclose situations in which it is providing 'adverse assistance' -- essentially, assistance to plaintiffs' lawyers suing sponsors and fiduciaries of ERISA employee benefit plans."  MORE >>

October Three Consulting

[Opinion]

Fallout from the Cunningham v. Cornell Supreme Court Decision

"The American Benefits Council strongly disagrees with the decision and the high court's rationale for it, and remains concerned that it could lead to increased litigation and higher costs for plan sponsors." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

American Benefits Council

Employee Benefits Jobs

💼

DB Software Support Specialist

ASC - Actuarial Systems Corporation

Sylmar CA / Hybrid

View job as DB Software Support Specialist for ASC - Actuarial Systems Corporation

💼

Vice President, Business Development - TPA Retirement

Ascensus

Remote

View job as Vice President, Business Development - TPA Retirement for Ascensus

💼

Retirement Plan Compliance Analyst

FuturePlan, by Ascensus

Remote

View job as Retirement Plan Compliance Analyst for FuturePlan, by Ascensus

💼

MEP/PEP Client Service Manager

Newport, an Ascensus Company

Remote

View job as MEP/PEP Client Service Manager for Newport, an Ascensus Company

💼

Client Plan Manager

Pension Consultants, Inc.

Springfield MO

View job as Client Plan Manager for Pension Consultants, Inc.

Press Releases

OneDigital Financial Selects Broadridge Retirement Technology to Grow Retirement Practice and Enhance Advisor Efficiency

OneDigital

EPIC Welcomes Genny Hundeby

EPIC

Pacific Life Makes Lifetime Income Available Through iJoin Provider Network

iJoin

Webcasts and Conferences
(Health & Welfare Plans)

Basics of Health & Welfare Benefits

June 26, 2025 in MA

New England Employee Benefits Council [NEEBC]

Last Issue's Most Popular Items

EBSA Loses Over 20% of Staff from Resignations

Plan Sponsor Council of America [PSCA]

ERISA vs. Non-ERISA Benefits: Key Legal Differences Explained

DeBofsky Law

Remembering Jeff Mamorsky: An Honored Colleague and ERISA Pioneer

Cohen & Buckmann, P.C.

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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.

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