Health & Welfare Plans Newsletter
June 30, 2025
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💼 4 New Job Opportunities
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[Guidance Overview]
The Temporary Exchange Rollbacks
"The Trump Administration has released its Marketplace Integrity and Affordability Final Rule, which revises Marketplace
eligibility and enrollment rules and increases obligations for participants to receive premium tax credits.... While the Final Rule largely finalized the proposal with little or no change ... some of these changes will only be effective for a single plan year (plan year 2026), because those provisions are only effective beginning in plan year 2026 and are set to sunset at the end of that year." MORE >>
Groom Law Group
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[Guidance Overview]
HIPAA/HITECH Privacy and Security Compliance Checklist
"The checklist covers 15 best-practice compliance to-dos, organized into six key categories: [1] HIPAA/HITECH risk assessment; [2] Policies, procedures and business associate agreements; [3] Staff training; [4] Processes to detect and report PHI data breaches;
[5] Business associate monitoring; [6] System access control and activity reviews." MORE >>
Segal
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[Guidance Overview]
Indiana Enacts PBM Reforms and Hospital Price Transparency Requirements
"Senate Bill 140 ... addresses pharmacy network adequacy and prohibits PBMs from entering network contracts that would
prevent pharmacists from advising patients about lower cost options.... House Bill 1004 imposes added price transparency requirements and price controls on Indiana nonprofit hospitals intended to lower the cost of hospital care." MORE >>
Krieg DeVault
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Supreme Court Upholds HHS Appointment of Preventive Services Task Force Members
"The Court rejected Braidwood's arguments that Task Force members are not inferior officers.... [T]he Court interpreted the term 'independent' to mean avoiding undue influence from external affiliations, not complete insulation from the Secretary of HHS. Finally, the
Court found that the Secretary's inability to compel specific recommendations does not disqualify Task Force members as inferior officers[.]" [Kennedy v. Braidwood Management, Inc., No. 24-316 (S. Ct. Jun. 27, 2025)] MORE >>
Faegre Drinker
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Employers to Continue Covering Preventive Care After SCOTUS Decision
"Challengers argued that members of the task force are 'principal officers' who should have been appointed by the president and confirmed by the Senate.... A majority of the Court disagreed, finding the members are 'inferior officers' who have been, and continue
to be, properly appointed by the Secretary of [HHS]. Accordingly, all of the task force's recommendations since the ACA was enacted in 2010 are enforceable." [Kennedy v. Braidwood Management, Inc., No. 24-316 (S. Ct. Jun. 27, 2025)] MORE >>
Mercer
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Federal Court Strikes Down HIPAA Reproductive Health Privacy Rule: What It Means for Health Plan Compliance
"The ruling ... essentially eliminates the enhanced federal privacy protection for reproductive health care information.... [C]ertain regulated entities are still required to comply with applicable state privacy and consumer laws regarding the disclosure of reproductive
health care information." [Purl v. HHS, No. 24-0228 (N.D. Tex. Jun. 18, 2025)] MORE >>
Stinson
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District Court Highlights Unum's Selective Review of Evidence in ERISA Disability Dispute
"Unum relied on the supposed absence of 'clinical findings' to justify termination ... [and] questioned the severity of her symptoms based on [surveillance footage of her] daily activities and a selective reading of her records. The court flatly rejected these
rationales emphasizing that while the subjective nature of migraine and vestibular syndromes makes objective validation inherently difficult, it does not undermine their legitimacy as disabling conditions." [Jessica L. v. Unum Life Ins. Co. of Am., No. 24-2046 (N.D. Cal.
June 24, 2025)] MORE >>
Roberts Disability Law
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Group Health Plan Funding: Alternative Considerations for Employers
"For many employers, the prospect of self-funding can be daunting due to concerns over cash flow and risk exposure. However, alternative strategies -- such as level funding and group captive models -- could offer a reasonable middle ground, enabling cost control and
financial flexibility without assuming the full self-insured risk." MORE >>
Forbes; subscription may be required
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Group Health Insurance Versus ACA Marketplaces: Selection, Subsidies, and Welfare
"Using unique small group market (SGM) data with detailed claims and enrollment information, [the authors] analyze the welfare gains across households in the SGM from alternative formulations of ACA health insurance exchanges (HIXs).... Shutting down the SGM would reduce
equilibrium adverse selection in HIX-type markets ... The majority of households would obtain higher equilibrium welfare from HIXs, stemming from having more choices." MORE >>
National Bureau of Economic Research [NBER]; purchase may be required for full document
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Employer Contributions to 529 Plans
"[Some groups] are lobbying for employers to be able to make tax-free contributions to employees' 529 plans as an additional benefit. [PSCA] asked plan sponsors if this is something their organization would consider doing if it was allowed. While thirty percent said no, an
equal percentage said maybe, and a quarter are unsure -- only 15 percent said they would definitely be interested in this." MORE >>
Plan Sponsor Council of America [PSCA]
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The U.S. Pharma Premium: Who's Really Paying the Price? (PDF)
"While lowering out-of-pocket costs for patients is a commendable objective, adopting price controls similar to those used in other countries could potentially lead to comparable consequences.... While the MFN executive order captured headlines, the most durable changes to U.S.
drug pricing are likely to emerge from broader structural shifts already underway." MORE >>
Alvarez & Marsal
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Benefits in General |
[Official Guidance]
Text of EBSA Direct Final Rule: Removal of Interpretive Bulletins Relating to ERISA
"Interpretive Bulletin 75-2 ... provided the DOL's views on whether a 'party in interest' has engaged in a prohibited transaction with an employee benefit plan where the party in interest has engaged in a transaction with an entity in which the plan has invested.... Interpretive Bulletin 75-6 related to ERISA section 408(c)(2) and whether a plan could make an advance to a fiduciary to cover expenses to be properly and actually incurred by such person in performing
duties with respect to the plan.... Interpretive Bulletin 75-10 ... addressed ambiguity arising from the joint jurisdiction of the
Department and IRS with respect to parallel provisions in title I of ERISA and the Code.... [T]he DOL believes the interpretive bulletins are no longer needed, and if left on the books, add potential confusion and unnecessary complexity.... This direct final rule removes these obsolete interpretive bulletins prospectively as of the effective date and has no effect on their legal effectiveness prior to that date." MORE >>
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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[Guidance Overview]
DOL Policy Shifts on Benefits Attorneys' Radar (PDF)
"[1] Mental health parity enforcement freeze ... [2] Crypto 401(k) warning withdrawn ... [3] ESG investing rule replacement." MORE >>
The Wagner Law Group
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Employee Benefits Jobs
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Press Releases |
Cheryl Morrison Deutsch Joins 401GO as Chief Experience Officer
401GO
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Webcasts and Conferences (Health & Welfare Plans) |
Understanding FMLA and State Leave Plans​
July 8, 2025 WEBINAR
UBA [United Benefit Advisors]
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2025 DMEC Annual Conference
August 4, 2025 in DC
Disability Management Employer Coalition [DMEC]
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SWBA 36th Annual Compliance Conference
November 13, 2025 in TX
SWBA [SouthWest Benefits Association]
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Last Issue's Most Popular Items |
Supreme Court Upholds Appointment of Preventive Services Task Force Members by HHS Secretary (PDF)
Supreme Court of the United States
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Fitbits at Work: Navigating the Legal Risks of Wearables in Corporate Wellness Programs
Akerman
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ERISA Preemption Debate Heats Up in 2025
Mercer
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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