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Health & Welfare Plans Newsletter
August 7, 2025
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[Guidance Overview]
Health and Welfare Developments for Plan Sponsors
"[1] The One Big Beautiful Bill Act ... [2] New York City Paid Prenatal Leave ... [3] [HHS] Marketplace Integrity and Affordability Final Rule ... [4] [IRS] Revenue Procedure 2025-25: [ACA] Affordability ... [5] IRS Revenue Procedure 2025-26: Employer Shared Responsibility Payments (ESRPs).... Many of [these changes] provide plan sponsors with increased flexibility to optimize benefits offered to their eligible employees and their dependents.... Plan sponsors should
review their offerings now to implement any changes before the beginning of the 2026 plan year." MORE >>
Winston & Strawn LLP
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[Guidance Overview]
Roundup of Selected State Health Developments, Second Quarter 2025 (PDF)
22 pages. "The second quarter witnessed a flurry of state activity, including significant legislation affecting pharmacy benefit managers (PBMs).... On the paid sick and safe leave (PSSL) front, a state supreme court affirmed Missouri's new mandate, but the legislature later
repealed it. New York City adopted a paid prenatal leave mandate ... Insurance coverage of fertility services was the focus in California, Georgia and Nevada ... Three states addressed telehealth reimbursement parity.... Alabama and Tennessee created benefit accounts for self-employed workers." MORE >>
Mercer
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[Guidance Overview]
San Francisco Releases Expenditure Rates for Health Care Security Ordinance
"San Francisco recently released the required 2026 expenditure rates for its Health Care Security Ordinance (HCSO). The HCSO requires covered employers to spend a certain dollar amount on healthcare (i.e. medical, dental, vision, prescription drugs) for covered
employees." MORE >>
OneDigital
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[Guidance Overview]
New Guidance Issued for No Surprises Act QPA
"[FAQs Part 71] discusses how plans and issuers should calculate a QPA for purposes of patient cost sharing, disclosures with
an initial payment or notice of denial of payment, and disclosures and submissions required under the Independent Dispute Resolution (IDR) process. It also addresses limitations on cost-sharing under the [ACA]." MORE >>
Miller & Chevalier
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In Tobacco Surcharge Litigation, Ninth Circuit Holds That Plan Participants Must Consent to Addition of Arbitration Provisions
"In litigation challenging a health plan's tobacco surcharge under [ERISA], the Ninth Circuit held that an employer/plan sponsor could not unilaterally add an arbitration provision to the plan without obtaining a participant's (or plan's) consent. Because the employer
could not show that the participant had agreed to arbitrate certain of the ERISA claims at issue, the employer could not compel arbitration of those claims." [Platt v. Sodexo, S.A., No. 23-55737 (9th Cir. Aug. 4, 2025)] MORE >>
Thomson Reuters Practical Law
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California Court of Appeal Clarifies Sick Leave Calculation for Outside Sales Employees
"The court found the law's language to be clear: 'Exempt employees' includes all those exempt from overtime rules, including outside salespeople. The court rejected the argument that the term 'exempt' should be limited to executive, administrative, or
professional employees." [Hirdman v. Charter Communications, No. D084304 (Cal. Ct. App. Aug. 4, 2025)] MORE >>
Jackson Lewis
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Pharmacy Deserts: Impact and Action Steps
"Consultants can help clients respond through several strategies: ... [1] Encourage employers to work with pharmacy benefit managers (PBMs) that offer reliable delivery services and virtual consultations.... [2] Make sure your clients' benefit designs include
virtual pharmacist consultations to bridge access gaps. [3] Advocate for biosimilars ... [4] Incorporate pharmacy-based services like immunizations and screenings into employer wellness offerings ... [5] Use data to identify risk areas." MORE >>
NFP
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Survey of Employer Health and Benefit Strategies for 2026 (PDF)
45 pages. "[G]iven the ongoing acceleration in cost trend ... 51% say it's likely or very likely they will shift cost in 2026, compared to 45% that said they were likely to do so in 2025.... Nearly one in 10 employers offer telemedicine services to employees who are not
eligible for the medical plan ... as a way to assist low-earners with affordable access to care.... High-performance networks and alternative health plans allow employers to offer more affordable options." MORE >>
Mercer
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Higher Education and the Retiree Health Plan Individual Market
"[D]elivering retiree healthcare benefits through the individual market presents a significant opportunity for institutions to reduce costs and improve retiree satisfaction. However, it's imperative to allocate sufficient resources to a communication and change management
strategy that anticipates and addresses retiree and stakeholder concerns" MORE >>
Willis Towers Watson
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What Documentation Should We Require to Demonstrate Eligibility for Domestic Partner Benefits? (PDF)
"As the sponsor of a self-insured plan, your company is generally free to define the term 'domestic partner' as it chooses and to determine what documentation will be required as evidence of the domestic partner relationship.... For purposes of tax treatment of the
benefits provided, plans may require an affidavit or similar document indicating whether a domestic partner enrolled for coverage qualifies as a tax dependent and imposing an affirmative obligation on the employee to notify the employer of any changes." MORE >>
Thomson Reuters / EBIA
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Benefits in General |
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[Guidance Overview]
Highlights of the Employee Benefits Provisions in the One Big Beautiful Bill
"Although some of the OBBB's benefits provisions simply make permanent existing temporary suspensions in the Code, others will provide opportunities for enhancement or expansion of employee benefit programs.... Conversely, the OBBB also presents some challenges for employers,
who must now revise how they monitor certain executive compensation amounts, and make operational changes to their payroll administration systems for certain wages such as overtime pay." MORE >>
Patterson Belknap Webb & Tyler LLP
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Selected New Discussions |
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Personal Benefit Account Providing Medical and Other Benefits: Is It an HRA for Section 111 MMSEA Reporting?
"A client has a VEBA that provides for certain benefits including a personal benefit, which is an individual account that is funded exclusively by employer contributions. The assets in the account can be applied to pay for medical benefits to the extent not otherwise covered
under the primary medical plan, severance benefits, supplemental unemployment benefits, disability benefits, scholarship benefits for dependent children for post-secondary education or for payment of premiums for COBRA Coverage or retiree medical coverage. The questions is whether the personal benefit account is an HRA It walks like a duck in that it is totally employer funded, quacks like a duck in that it can be applied to reimburse
medical expenses and pay certain medical premiums, but, if it goes into the pond for a swim, its feathers are all wet and it cannot fly for at least 30 minutes after it emerges from the pond -- to the extent that it pays more than eligible medical benefits. IMHO this is NOT an HRA and would not have to do Section 111 filing with CMS. Thoughts?"
BenefitsLink® Message Boards
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SMM Required for Excepted Benefit Dental Plan?
"Does ERISA's requirement to provide SMM for material reduction on accelerated basis (within 60 days) apply to excepted benefit dental plan?"
BenefitsLink® Message Boards
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Press Releases |
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MissionSquare Announces Firm's Largest Reduction in Fund Costs, Providing Investors with Greater Long-Term Investment Value
MissionSquare Retirement
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Benefits Beautifully Reimagined: Navigating the OBBBA’s Impact on Benefits
September 9, 2025 WEBINAR
Corporate Synergies
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Last Issue's Most Popular Items |
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The OBBB Dependent Care FSA Increase Could Backfire
Newfront
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Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results
Husch Blackwell
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IRS Reminds Employers: Educational Assistance Programs Can Help Pay Employee Student Loans Through 2025
Internal Revenue Service [IRS]
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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