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Health & Welfare Plans Newsletter
June 13, 2025
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💼 4 New Job Opportunities
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[Guidance Overview]
Updated Guidelines Expand No-Cost Coverage of Preventive Services
"The new HRSA guidelines require the following preventive services to be covered without cost-sharing for plan years beginning on or after December 20, 2025: [1] Screening and counseling for intimate partner and domestic violence.... [2] Breast cancer screening for
women of average risk.... [3] Patient navigation services for breast and cervical cancer screening.... The USPTF has issued a final recommendation requiring no-cost coverage of osteoporosis screening using DXA BMD ... as well as other bone measurement testing, for plan years beginning on or after February 1, 2026." MORE >>
Sequoia
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[Guidance Overview]
Navigating the Complexities of VEBA Asset Reallocation: Tax and ERISA Fiduciary Considerations
"Organizations considering VEBA asset reallocations should incorporate long-term strategies, emphasizing regular fiduciary training, continual monitoring of regulatory guidance, and periodic internal compliance reviews. Establishing clear governance structures, including
dedicated oversight committees and independent fiduciary advisors, can further bolster compliance and fiduciary prudence. Moreover, proactive participant engagement and transparent communication about any reallocation decisions foster goodwill and reduce potential litigation risks, supporting broader organizational objectives and stability." MORE >>
Alston & Bird
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[Guidance Overview]
New New York City Rules for Paid Prenatal Leave to Take Effect in July 2025
"[T]he New York City Department of Consumer and Worker Protection (DCWP) has amended its interpretive rules for the New York City Earned Safe and Sick Time Act (ESSTA) to incorporate [New York State's prenatal personal leave (PPPL)].... [S]ome provisions of the
DCWP's amended rules are inconsistent with the state law, rules, and guidance concerning PPPL" MORE >>
Littler
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[Guidance Overview]
Nebraska Legislature Narrows Application of Upcoming Paid Sick Time Law
"Employers with 10 or fewer employees will no longer be covered by the law. Accrual for new hires may be delayed until they have completed 80 hours of consecutive employment in Nebraska. For 2025, employers offering benefits on a calendar year basis will receive credit for any
paid sick time provided to an employee on or after January 1, 2025 and before the law becomes effective on October 1, 2025." MORE >>
Littler
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Fifth Circuit: Air Ambulance Providers Do Not Have Standing to Bring ERISA Claim
"The plaintiffs, air ambulance providers, alleged that HCSC improperly denied benefits to its beneficiaries by failing to pay them, which they argued violated the No Suprises Act ('NSA') and ERISA. The court agreed with the district court that the NSA does not contain a
private right of action, and because the Providers failed to allege a derivative claim under ERISA, or for quantum meruit under Texas law, the court affirmed the dismissal." [Guardian Flight, L.L.C. v. Health Care Serv. Corp., No. 24-10561 (5th Cir. June 12,
2025)] MORE >>
Roberts Disability Law
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Two Lawsuits Challenge Arkansas PBM Law
"[Express Scripts] challenges the Act on constitutional grounds ... as well as alleges that the Act is preempted by the Department of Defense's (DoD) TRICARE. [CVS Pharmacy] challenges the Act on constitutional grounds ... and alleges that it is
preempted by both ERISA and the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA)." [Express Scripts, Inc. v. Arkansas State Board of Pharmacy, No. 25-0520 (E.D. Ark. complaint filed May 29, 2025); CVS Pharmacy, Inc. v.
Arkansas State Board of Pharmacy, No. 25-0524 (E.D. Ark. complaint filed May 29, 2025)] MORE >>
Miller & Chevalier
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Eli Lilly Strikes Back Against Pharmacy Compounders and Telehealth Platforms
"Telehealth companies selling compounded drugs are making modest inroads into the market for popular weight loss drugs that big pharma spent decades and billions of dollars to develop and bring to market. The compounded products, with fewer barriers to entry, are reaching a
broader consumer market than U.S. Food and Drug Administration (FDA)-approved glucagon-like peptide-1 (GLP-1) products, and at least one brand pharma player -- Eli Lilly and Company (Lilly) -- is turning the courts to reverse the trend." MORE >>
Holland & Knight
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Staying Compliant: Health Plan Eligibility Do's and Don'ts for Employers
"[1] Do follow the terms of your plan document.... [2] Do offer affordable coverage to full-time employees (for ALEs).... [3] Do extend coverage to adult children up to age 26... [4] Do continue offering coverage to medicare-eligible employees....
[5] Don't offer coverage to nonemployees.... [6] Don't impose a waiting period longer than 90 days.... [7] Don't overlook nondiscrimination requirements.... [8] Don't discriminate based on health factors." MORE >>
OneDigital
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2025 HIPAA Enforcement Tally Rises Following Three New Settlements
"Each resolution includes a financial settlement and a corrective action plan (CAP) tailored to the specific compliance gaps identified. While the circumstances vary across the three entities, the common thread is clear: OCR continues to hold covered entities and business
associates accountable for failures to proactively assess and manage HIPAA-related risk." MORE >>
Nixon Peabody LLP
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Unpaid Leave: The Benefit That Holds Space for Real Life
"This blog explores how unpaid leave differs from FMLA, why it's becoming a sought-after benefit, and how HR leaders can assess whether it's the right fit for their organization. From improving retention to reinforcing a culture of care, unpaid leave may be the low-cost,
high-impact benefit your team needs most." MORE >>
Nava
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Study Finds Earned Sick Leave Alone Is Not Enough for Uninsured Workers
"Since 2019, seven states have implemented laws requiring employers to offer earned sick leave, bringing the total to 18 (plus Washington, D.C.). Despite this growth, however, little has been known until now about the policy's effects on worker well-being across various
industries." MORE >>
Medical Xpress
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[Opinion]
ERISA Bill Seeks Mental Health Parity in Disability Benefits
"HR 3758, the Workers' Disability Benefits Parity Act of 2025 ... [would bar] disability plans from imposing
restrictions on mental health or substance use claims that are more severe than those applied to physical conditions. The bill also ... empowers the [DOL] to impose civil monetary penalties for violations." MORE >>
DeBofsky Law
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Benefits in General |
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Vetting Benefit Plan Vendors: Tips for Cybersecurity Readiness
"Begin by asking providers about their cybersecurity policies and practices. Their protocols should align with standards like NIST or ISO/IEC 27001.... Explore the provider's history of handling
security incidents. Transparency is key -- ask how they've responded to breaches in the past, and check for any related legal or regulatory issues.... Strong contracts reinforce good cybersecurity." MORE >>
Clark Schaefer Hackett
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Senate Confirms Former Rep. Long to be IRS Commissioner
"Billy Long, who previously served in Congress as a representative from Missouri, where he advocated for the abolishment of the IRS, was confirmed ... by the U.S. Senate to serve as its next commissioner.... He will replace Michael Faulkender, who has been serving in an
acting capacity since April. Long's term will run for the remainder of Danny Werfel's term until Nov. 12, 2027." MORE >>
American Retirement Association [ARA]
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Employee Benefits Jobs
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Press Releases |
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Cohen & Buckmann Ranked in The Legal 500 US 2025 Guide
Cohen & Buckmann P.C.
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Webcasts and Conferences (Health & Welfare Plans) |
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Take It Or Leave It Episode 41: FMLA, ADA, and PWFA - A Manager’s Guide to Compliance and Communication
RECORDED
Seyfarth Shaw LLP
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FMLA Paid Leave Substitution Rules
June 19, 2025 WEBINAR
TrainHR
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Last Issue's Most Popular Items |
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Ninth Circuit: Releases of ERISA Claims Require Special Scrutiny as Fiduciary Actions
Trucker Huss
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Enforcement Pause Provides Only Limited Mental Health Parity Relief for Plan Sponsors
Snell & Wilmer L.L.P.
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PCORI Filings and Fees, 2025 Edition
Kushner & Company
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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