Health & Welfare Plans Newsletter
June 16, 2025
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💼 New Job Opportunity Today
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[Guidance Overview]
CRS Report: Technical Challenges with Private Health Insurance Price Transparency Data
"Although early implementation revealed major technical and logistical hurdles, the TiC initiative is a step toward price transparency. To expand utility, Congress may consider further reforms addressing data access, data usability, and data integrity and standardization.
Ultimately, transparency policies aim to help consumers make informed decisions, foster competition, and support oversight; addressing access and integrity issues can help meet these goals." [R48570 Jun. 13, 2025] MORE >>
Congressional Research Service [CRS]
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[Guidance Overview]
Health & Welfare Benefits Monthly Update, June 2025 (PDF)
24 pages. Topics include: Health benefits litigation update. [1] H.R.1 -- One Big Beautiful Bill Act ICHRA/HSA provisions; [2] MHPAEA enforcement developments; [3] PBM reporting and state
issues; [4] Health benefits litigation update. MORE >>
Alston & Bird
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Fifth Circuit: No Private Cause of Action for Providers to Enforce Surprise Billing Awards
"On appeal, the Fifth Circuit agreed with the district court that the NSA did not create an express or implied right of action for out-of-network providers to enforce IDR awards.... The Fifth Circuit rejected the providers' argument that they merely sought judicial
enforcement -- as opposed to judicial review. In the court's view, the term 'judicial review' encompassed court orders enforcing IDR awards.... In an accompanying case, the Fifth Circuit held that judicial review also includes the power to vacate IDR determinations " [Guardian Flight, L.L.C. v. Health Care Serv. Corp., No. 24-10561 (5th Cir. June 12, 2025); Guardian Flight, LLC v. Med. Evaluators of Tex. ASO, LLC, No. 24-20051
(5th Cir. June 12, 2025)). MORE >>
Thomson Reuters Practical Law
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District Court Denies Unum's Motion to Transfer Venue in ERISA Disability Case; Plaintiff's Choice of Forum Upheld
"Unum delayed pursuing the motion to transfer for seven months, waiting until one week before the close discovery and three weeks before the deadline for dispositive motions to file it. The impetus for doing so was the discovery of medical records outside the administrative
record that favor Plaintiff's case. These extra-record documents are admissible in the 11th Circuit (Florida) but not in the 10th Circuit (Utah). The court found this legal difference was relevant in illuminating the parties' motivations." [Williams v. Unum Life
Ins. Co. of Am., No. 24-24113 (S.D. Fla. June 5, 2025)] MORE >>
Roberts Disability Law
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CRS Report: Health Coverage Provisions in the 'One Big Beautiful Bill' Act
"This report includes three tables that provide an overview of the health coverage provisions in the OBBBA, along with the applicable current law for each provision ... Table 1 includes provisions that apply to the Medicaid program. Table 2 includes provisions that affect
the private health insurance market, but excludes provisions amending the Internal Revenue Code. Table 3 includes provisions related to Medicare." [R48569 Jun. 13, 2025] MORE >>
Congressional Research Service [CRS]
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Reconciliation Bill Expands and Improves Health Savings Accounts and Individual Coverage Health Reimbursement Arrangements
"[T]he One Big Beautiful Bill Act: [1] Renames ICHRAs as CHOICE arrangements, expanding eligibility classes and creating a new tax credit for certain employers that offer them. [2] Allows employees to use cafeteria plan salary reductions to purchase Exchange-based
coverage through CHOICE arrangements. [3] Expands HSA eligibility and the definition of qualified medical expenses and increases contribution limits for lower-income individuals." MORE >>
Alston & Bird
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Employer Guidance on Revising Evidence of Insurability Practices
"The [DOL] has rolled out an initiative over the last two years to investigate insurance companies' practices surrounding Evidence of Insurability (EOI) for life insurance benefits. These investigations have resulted in several settlements, which provide guidance for other
insurance companies and employers to avoid similar legal consequences." MORE >>
Kutak Rock LLP
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Who Benefits from Paid Family Leave? The Impact on Informal and Formal Care for Middle-Aged and Older Adults with Disabilities (PDF)
45 pages. "PFL access is associated with a 5.7 percentage point increase in the likelihood that individuals with disabilities receive informal care from their children.... PFL access significantly increases the use of home care services and nursing home care. These effects
are primarily concentrated among individuals with disabilities who have both a spouse and children, and are almost non-existent among those who have only children and no spouse." MORE >>
National Bureau of Economic Research [NBER]
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'Not Accountable to Anyone': As Insurers Issue Denials, Some Patients Run Out of Options
"Health insurers issue millions of denials every year. And ... many patients find themselves stuck in a convoluted appeals process marked by long wait times, frustrating customer service encounters, and decisions by medical professionals they’ve never met who may lack
relevant training. Recent federal and state efforts, as well as changes undertaken by insurance companies themselves, have attempted to improve a 50-year-old system that disproportionately burdens some of the sickest patients at the worst times. And yet many doctors complain that insurance denials are worse than ever as the use of prior authorization has ramped up in recent years[.]" MORE >>
KFF Health News
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[Opinion]
Build-Your-Own Health Plan
"If you're a freelancer, a 1099er, or just someone who refuses to shovel five figures a year into a rigged premium system, you can still opt out without going uninsured. You just have to build your own coverage.... [1] Lock in a direct primary care (DPC) doctor ...
[2] Add a catastrophic backstop -- health share or marketplace plan ... [3] Add gap fillers (only if you have to)." MORE >>
Craig Gottwals, via Substack; login may be required
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Benefits in General |
[Official Guidance]
Text of IRS Request for Comments on Procedures for Determination Letters and Other Rulings
"Written comments should be received on or before August 15, 2025 ... [T]axpayers can request determination letters and private letter rulings from the from the Commissioner, Tax Exempt and Government Entities, Employee Plans Office on how the tax laws apply to them.
Employee Plans requires information from taxpayers in order to process these requests. Form 15662 will simplify and standardize the application process for Private Letter Rulings issued under Rev. Proc.
2025-4 and its successors." MORE >>
Internal Revenue Service [IRS]
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IRS Sees Significant Increase in Input on the Annual Priority Guidance Plan
"Noteworthy in the responses are a number of requests seeking the withdrawal of a broad range of existing regulations and other guidance, triggering a material increase in the response rate to the annual PGP solicitation notice. The number of submissions in response to Notice 2025-19 reflects an increase of more than 30 percent relative to the submissions making recommendations for inclusion in the 2024-2025 PGP." MORE >>
Miller & Chevalier
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Senators Introduce Bill to Expand 401(h) Accounts
"[T]he Strengthening Benefit Plans Act of 2025 ... would allow for overfunded 401(h) retiree pension accounts to be
transferred to help pay for active healthcare programs. A 401(h) plan is an employer-sponsored fund for post-retirement medical benefits. By funding these benefits with previously paid contributions, employers would avoid paying additional costs out of pocket." MORE >>
Committee on Health, Education, Labor and Pensions, U.S. Senate
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Employee Benefits Jobs
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Press Releases |
The Berwyn Group Appoints Adam Wilson as General Manager of Healthcare
Berwyn Group
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Boutwell Fay LLP Welcomes Allison Martinez to the Firm
Boutwell Fay LLP
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OC Tanner Company, Beam Therapeutics and GID Win the Retirement Advisor Council Prestigious Financial Wellness Award.
Retirement Advisor Council
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Webcasts and Conferences (Health & Welfare Plans) |
Understanding Medicare Options for Older Employees (Watch Party)
June 18, 2025 in IL
Worldwide Employee Benefits Network [WEB] - Chicago Chapter
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Cunningham v. Cornell University: Recent SCOTUS Ruling, ERISA Prohibited Transaction Claims, Pleading Standards, Exemptions
July 17, 2025 WEBINAR
Strafford
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Last Issue's Most Popular Items |
Updated Guidelines Expand No-Cost Coverage of Preventive Services
Sequoia
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Navigating the Complexities of VEBA Asset Reallocation: Tax and ERISA Fiduciary Considerations
Alston & Bird
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Staying Compliant: Health Plan Eligibility Do's and Don'ts for Employers
OneDigital
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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