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Health & Welfare Plans Newsletter

May 19, 2025

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[Guidance Overview]

Departments Issue Nonenforcement Policy Statement for MHPAEA Final Regs

"Perhaps the most interesting part of the statement for group health plan sponsors (especially those with plans under investigation) relates to the Departments' intention to 'undertake a broader reexamination of each department's respective enforcement approach under MHPAEA, including those provisions amended by the CAA, 2021.' "  MORE >>

Jackson Lewis P.C.

[Guidance Overview]

Executive Order Calls for Most-Favored-Nation Pharmaceutical Pricing for American Patients

"The Executive Order focuses on global differentials in drug pricing, noting that the United States has front-loaded the costs of global innovation, with foreign countries' health systems getting a 'free ride.' The stated purpose of the Executive Order is to stop American patients from paying higher prices for pharmaceutical products sold at lower prices in other countries."  MORE >>

Ropes & Gray LLP

[Guidance Overview]

Pause Announced on Enforcement of 2024 Mental Health Parity Act Rules

"Group health plan sponsors should remember that the Departments' pause on enforcement only relates to the 2024 Final Rule. The Mental Health Parity Act rules on NQTLs have not disappeared altogether, nor has the requirement to perform and document a comparative analysis that shows that the plan's NQTLs are compliant."  MORE >>

Smith, Gambrell & Russell, LLP

[Guidance Overview]

Maryland Further Delays Implementation of FAMLI Program

"House Bill 102 marks the third consecutive year that the launch of Maryland's FAMLI program has been delayed. In addition to the new timeline, the legislation revises several key aspects of the program, including definitions, contribution rates, reporting requirements, and introduces new provisions for self-employed individuals."  MORE >>

ArentFox Schiff LLP

District Court Finds ERISA Fiduciary Breach in Employer's Failure to Provide Adequate Information About Group Life Insurance Conversion

"The court emphasized the fiduciary's duty to provide complete and accurate information, especially in response to direct inquiries from beneficiaries. Drawing from precedent across multiple circuits, the court underscored that fiduciaries are obligated to proactively offer all pertinent details, even if a beneficiary does not explicitly ask for them. The court rejected EMC's defense that Mr. Watson's lack of specificity absolved them of this duty, affirming that technicalities should not be exploited to avoid fiduciary responsibilities." [Watson v. EMC Corp., No. 19-02667 (D. Colo. May 7, 2025)]  MORE >>

Roberts Disability Law

PBM Reform: How New Law Impacts Healthcare Spend Forecasting

"In April, Arkansas Governor Sarah Huckabee Sanders signed legislation making it illegal for Pharmacy Benefit Managers (PBMs) to own or operate pharmacies, effective Jan. 1, 2026. HB1150 is the first state law to impose this level of restriction, reflecting the growing scrutiny of pharmacy benefit practices. Even if your organization operates outside Arkansas, this PBM reform law signals a broader shift in pharmacy benefit regulation. For finance teams, it’s an opportunity to reassess legacy cost structures and uncover hidden financial exposure in current PBM contracts."  MORE >>

Resourceful Finance Pro

[Opinion]

PBM Reform: A System Under Pressure

"Evaluating programs that work in tandem with the pharmacy benefit may provide additional savings both for members and plans.... However, these initiatives alone cannot address the systemic issues at play. Employers must conduct thorough reviews of PBM contracts to ensure they are securing the best pricing for their employees.... [G]reater industry transparency, employer due diligence and continued regulatory oversight will be essential in driving meaningful reform."  MORE >>

NFP

Benefits in General

Plan Sponsors Favor Employee Choice Programs

"A private letter ruling last September agreed with a company's request to allow employees to choose to allocation of a portion of its discretionary employer 401(k) contribution to another tax-favored vehicle (HRA, HSA, student loan program).... While about a third of respondents don't like this idea and don't think its something their company would adopt, 42 percent think it's a good idea but have some concerns while 13 percent think it's a great idea."  MORE >>

Plan Sponsor Council of America [PSCA]

Webcasts and Conferences
(Health & Welfare Plans)

Benefits Boot Camp

June 12, 2025 in OH

Worldwide Employee Benefits Network [WEB] - Northeast Ohio Chapter

Last Issue's Most Popular Items

Administration Won't Enforce 2024 Mental Health Parity Rule

Mercer

The One, Big, Beautiful Bill: Benefits-Related Provisions as of May 15

Eversheds Sutherland

Departments Release Mental Health Parity Non-Enforcement Statement

Morgan Lewis

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

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