Health & Welfare Plans Newsletter
April 28, 2025
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💼 5 New Job Opportunities
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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
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[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.
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![Sponsored by Worldwide Employee Benefits Network [WEB] Sponsored by Worldwide Employee Benefits Network [WEB]](https://benefitslink.com/bnrs/2025/web-0501webinar-top.png)
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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
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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
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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
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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
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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
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[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
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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
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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
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[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
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Employee Benefits Jobs
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Press Releases |
OneDigital Financial Selects Broadridge Retirement Technology to Grow Retirement Practice and Enhance Advisor Efficiency
OneDigital
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EPIC Welcomes Genny Hundeby
EPIC
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Pacific Life Makes Lifetime Income Available Through iJoin Provider Network
iJoin
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Webcasts and Conferences (Health & Welfare Plans) |
Basics of Health & Welfare Benefits
June 26, 2025 in MA
New England Employee Benefits Council [NEEBC]
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Last Issue's Most Popular Items |
EBSA Loses Over 20% of Staff from Resignations
Plan Sponsor Council of America [PSCA]
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ERISA vs. Non-ERISA Benefits: Key Legal Differences Explained
DeBofsky Law
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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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