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Health & Welfare Plans Newsletter

July 18, 2025

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[Official Guidance]

Text of IRS Rev. Proc. 2025-25: Applicable Percentage and Required Contribution Percentage for 2026 (PDF)

"This revenue procedure provides indexing adjustments to the applicable percentage table in Section 36B(b)(3)(A)(i) of the Internal Revenue Code for taxable years beginning in calendar year 2026. This table is used to calculate an individual's premium tax credit under Section 36B. This revenue procedure also provides the indexing adjustment for the required contribution percentage in Section 36B(c)(2)(C)(i)(II) for plan years beginning in calendar year 2026.... For plan years beginning in calendar year 2026, the Required Contribution Percentage for purposes of Section 36B(c)(2)(C)(i)(II) and Section 1.36B-2(c)(3)(v)(C) is 9.96%."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

How Does the One Big Beautiful Bill Impact Your Health & Welfare Plans?

"[An] employer that maintains an Individual Coverage Health Reimbursement Arrangement (ICHRA) ... may want to provide information to employees about their eligibility for an HSA if they enroll in Bronze and Catastrophic plans through the Exchange.... Direct Primary Care Service (DPC) Arrangements are not considered disqualifying coverage for purposes of HSA eligibility.... Employers should track the increased qualified educational assistance program limits and decide whether to increase their program limits.... The OBBB permanently eliminates the tax exclusion for qualified bicycle commuting expenses."  MORE >>

Trucker Huss

[Guidance Overview]

The One Big Beautiful Bill: Impact on Employee Benefit Plans

"The final version of the Bill did not include many of the proposed revisions to HSAs that were included in earlier drafts. However, the following changes were codified: Telehealth safe harbor ... Primary care service arrangements ... Dependent Care Assistance programs ... Student loan repayments ... Childcare tax credit ... Individual Coverage Health Reimbursement Arrangements (ICHRAs) ... Trump accounts ... [ACA] subsidies."  MORE >>

Smith, Gambrell & Russell, LLP

[Guidance Overview]

Employers, Before You Pick Up the Phone to Call an Employee's Physician, Put It on Hold

"Employers may communicate directly with the physician only with the employee's express permission. The scope of the information sought must specifically relate to the leave of absence or accommodation requested.... What if the employee fails to provide responsive medical certification and refuses to allow communication between the employer and physician? Simply put, the employee suffers the consequences."  MORE >>

FMLA Insights

[Guidance Overview]

New Reporting Requirements for TPAs, PBMs and Insurers in Indiana

"Beginning July 1, 2025, PBMs, TPAs and insurers in Indiana must annually report certain ownership information to the Indiana Insurance Department ... no later than August 30th of each year. Disclosures must include any party with 5%+ ownership, controlling interest or private equity involvement along with identifying details. A $1,000 daily penalty may apply for late filings."  MORE >>

Polsinelli PC

[Guidance Overview]

New York City Gives Birth to Paid Prenatal Leave Obligations for Employers

"The New York City requirements go beyond the state law and include policy, notice, documentation and recordkeeping requirements, which became effective July 2, 2025. The state and city laws now provide employees with up to 20 hours of paid leave annually for prenatal care -- separate and apart from their sick leave benefits or paid time off benefits[.]"  MORE >>

BakerHostetler

[Guidance Overview]

New Childbirth-Related Leave Entitlement for Many New Hampshire Employees in 2026

"Starting January 1, 2026, New Hampshire employers with 20 or more employees will be required to provide employees with up to 25 hours of unpaid leave from work to attend: the employee's own medical appointments for childbirth or postpartum care; or the employee's child's pediatric medical appointments within the first year of the child's birth or adoption. If both parents of the child work for the same employer, the parents can be required to 'share the leave' and may collectively take a total of 25 hours of unpaid leave in that first year."  MORE >>

Littler

Individual Market Insurers Requesting Largest Premium Increases in More Than 5 Years

"Most ACA Marketplace insurers are requesting premium increases in the 10-20% range for 2026. But more than a quarter (27%) of insurers are proposing premium increases of 20% or more for 2026.... Last year, just 3% of insurers increased premiums by 20% or more. No insurers have requested rate decreases for 2026, whereas in recent years at least some insurers did decrease premiums."  MORE >>

The Peterson-Kaiser Health System Tracker

Surprise Medical Bills Were Supposed to Be a Thing of the Past -- They're Not

"While the No Surprises Act has been a phenomenal success in taking on some unfair practices in the wild West of medical billing, it was hardly a panacea. In fact, the measure protected patients primarily from only one particularly egregious type of surprise bill that had become increasingly common before the law's enactment: When patients unknowingly got out-of-network care at an in-network facility, or when they had no choice but to get out-of-network care in an emergency."  MORE >>

KFF Health News

Individual Coverage HRAs Could Be the Next Chapter in Employment-Based Health Benefits

"Despite predictions that ICHRAs would rapidly gain ground, adoption has been far more modest.... [M]ost employers offering an ICHRA had not previously provided health benefits.... Larger employers remain cautious. Concerns include administrative complexity, especially with ACA affordability requirements varying by geographic region."  MORE >>

Employee Benefit Research Institute [EBRI]

Medicare Part D Insulin Coverage: Formulary Strategies Amid Policy Headwinds

"Using Part D formulary files from 2020 -- 2025 [the authors] examined plan insulin coverage separately for Medicare Advantage Prescription Drug Plans and stand-alone Prescription Drug Plans. [They] found that plans are moving insulins to a single tier but not broadly changing their utilization management tool strategies.... This study demonstrates strategic adjustments that insurers may be making in response to policy changes; ongoing study will be needed to monitor access to and spending on insulin in Medicare as the market and policy context continue to evolve."  MORE >>

Health Affairs Scholar

Benefits in General

Senate Examines Gig Worker Benefits, as Sanders Proposes 'Pensions for All'

"Competing proposals were the subject of a July 17 hearing by the Senate Health, Education, Labor, and Pensions (HELP) Committee that looked at how best to provide independent workers with access to portable workplace benefits, particularly for health care and retirement."  MORE >>

American Retirement Association [ARA]

Press Releases

Nayya Bolsters Executive Team, Accelerates the Launch of New Technologies, and Builds on Strategic Partnerships

Nayya

Webcasts and Conferences
(Health & Welfare Plans)

HDHP Telehealth Safe Harbor Permanency

RECORDED

McDermott Will & Emery LLP

Section 125 Cafeteria Plans

RECORDED

Newfront

Trends in Employee Benefits for Hospitals & Health Systems

July 29, 2025 WEBINAR

Brown & Brown

Last Issue's Most Popular Items

CMS Drops Sex Modification Procedures from Essential Health Benefits

The Wagner Law Group

Employee Benefit Provisions in the One Big Beautiful Bill Act

EBEClaw

State of GLP-1 Medication Coverage for Weight Loss: Employer Survey Results (PDF)

Brown & Brown, Inc.

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

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