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Health & Welfare Plans Newsletter

May 5, 2025

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[Official Guidance]

Text of CMS Insurance Standards Bulletin: Offering of Off-Exchange-Only Plans Without 'CSR Loading' (PDF)

"To prepare for the possibility of the continued absence of an appropriation that could be used to fund CSR payments to issuers, and in light of the adverse effect that CSR loading can impose on premiums for unsubsidized consumers, CMS is issuing this bulletin to encourage states that permit CSR loading to consider requiring issuers that load QHP premiums to offer and market unloaded plans that are available exclusively outside the Exchange."  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Guidance Overview]

Lowering Drug Costs: What Employers Need to Know from the Latest Executive Order

"[Executive Order 14273] mandates agencies to evaluate and regulate PBMs, requiring greater transparency in their compensation and role in drug pricing. The EO reinforces requirements for health plans to disclose actual drug prices and outlines new enforcement measures."  MORE >>

OneDigital

[Guidance Overview]

What to Know About the Executive Order on Lowering Drug Pricing

"Key directives and implications for employer plans: [1] Oversight of middlemen ... [2] Expanded drug importation ... [3] Transparency from PBMs ... [4] Generic and biosimilar market acceleration ... [5] Prescription-to-OTC reclassification ... [6] Medicare changes."  MORE >>

Sequoia

District Court Dismisses Manufacturer Challenge to Colorado Law Limiting Prescription Drug Prices

"There are currently six states with active Prescription Drug Affordability Boards (PDABs)  ... As PDABs march toward declaring the price of certain drugs to be unaffordable for state residents and establishing a maximum price or reimbursement for certain drugs in their states, some pharmaceutical manufacturers have begun to challenge the constitutionality of PDABs in court. In March, a federal court in Colorado tossed out one of these suits on the basis that the manufacturer lacked the requisite standing." [Amgen Inc. v. Colorado Prescription Drug Affordability Review Bd., No. 24-0810 (D. Colo. Mar. 28, 2025)]  MORE >>

ArentFox Schiff LLP

DOL Provides Enhanced Cybersecurity Guidance for ERISA Plans (PDF)

"Health and welfare plan sponsors will find that many vendors already emphasize cybersecurity.... [T]he DOL's guidance serves as a valuable checklist for sponsors to evaluate their service providers through a fiduciary lens.... [S]ponsors should assess their internal cybersecurity measures, especially if they retain sensitive plan-related data. ERISA's 'prudence' requirement hinges on adopting a sound process -- a hallmark of effective fiduciary responsibility."  MORE >>

HUB International

New HSA/HDHP Limits for 2026

"The annual contribution limits, HDHP minimum deductibles, and HDHP maximum out-of-pocket limits will be increasing. The additional annual catch-up contribution limit (for account holders age 55 and older) will remain the same."  MORE >>

Miller Johnson

Paid Sick Leave and Maltreatment (PDF)

"[The authors] find that child maltreatment reports decline by 11% following the adoption of a state paid sick leave mandate. An analysis of mechanisms suggests that increases in parental and child health, family economic standing, childcare provision, and healthcare are important channels linking paid sick leave mandates to child maltreatment reports."  MORE >>

National Bureau of Economic Research [NBER]; purchase may be required for full document

[Opinion]

The One Health Plan Model That Doesn't Win When You Lose

"there are only three entities in the U.S. that ultimately pay for healthcare: [1] The government/taxpayer (via programs like Medicare, Medicaid, or the VA); [2] Insurance companies (as the actual payer in fully insured and individual-market plans); [3] Employers (when they self-fund and become the payer directly). And among those three, the employer is -- by far -- the least conflicted and the most amenable to optimization."  MORE >>

Craig Gottwals, via Substack; login may be required

Benefits in General

Plan Sponsors Beware: The U.S. Supreme Court Just Eased Requirements to File ERISA Prohibited Transaction Suits

"Under Section 406 of ERISA, every payment that an ERISA-covered plan provides to a service provider is automatically a prohibited transaction. In order to pay service providers, such as recordkeepers, a plan would normally rely on Section 408 of ERISA ... Under Cornell, plaintiffs can bring a claim based solely on the fact that the plan is paying its service providers, despite the exemption for retirement plan recordkeeping, investment advisor and other standard plan-related service providers." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

Ropes & Gray LLP

Future Fiduciary Lawsuits Will Now Include a Prohibited Transaction Claim (PDF)

"We can expect that ERISA fiduciary breach lawsuits will nearly always feature a prohibited transaction claim going forward. Hopefully, district courts will take seriously the mitigating steps suggested by the Supreme Court. Having said that, the decision does not change the steps that retirement plan fiduciaries should be taking now to build a proper defense." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]  MORE >>

Gallagher

Third-Party Cyber Risk: Looking at Vendors' Cybersecurity (PDF)

"The more vendors you work with, the greater the chance you'll be impacted by a cybersecurity incident affecting one of them.... [E]very vendor you work with likely works with other vendors, increasing the probability that you'll be affected by an incident.... If a vendor cannot provide an objective, third-party cybersecurity assessment, like a SOC2 report or other attestation, showing that it has solid cyber protections in place, that's a red flag."  MORE >>

Segal, via NCPERS

Employee Benefits Jobs

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Mid-Market Client Service Manager

July Business Services

Remote / Waco TX

View job as Mid-Market Client Service Manager for July Business Services

Webcasts and Conferences
(Health & Welfare Plans)

How to Design a Mental Health Strategy for Your Business

RECORDED

OneDigital

The Impact of AI on Employee Benefits -- Watch Party

May 13, 2025 in NY

Worldwide Employee Benefits Network [WEB] - New York Chapter

Last Issue's Most Popular Items

IRS Announces 2026 Limits for HSAs, HDHPs, HRAs

McDermott Will & Emery

House Bill Could Eliminate ACA Employer Health Coverage Mandate

BenefitsPro; login may be required

District Court Hands Employers a Win Against ACA Penalties

Venable LLP

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

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