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August 26, 2025

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[Official Guidance]

Text of CMS Statement on Maryland District Court Order Addressing Marketplace Integrity and Affordability Final Rule (PDF)

"Pursuant to an order of the federal district court for the District of Maryland ... the implementation of certain provisions of the recently promulgated Marketplace Integrity and Affordability Final Rule ... has been stayed while the litigation remains pending. That Rule is currently scheduled to go into effect on August 25, 2025. As a result of the court's order, [certain] provisions will not go into effect on that date." [City of Columbus v. Kennedy, No. 25-2114 (D Md. Aug. 22, 2025)]  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Official Guidance]

Draft Instructions for 2025 IRS Form 8889: Health Savings Accounts (HSAs) (PDF)

10 pages. "What's New: P.L. 119-21, July 4, 2025, amended Code section 223 to provide that: [1] An HSA eligible individual may have disregarded coverage (besides the HDHP) for telehealth and other remote care. [2] A plan will not fail to be treated as a HDHP by reason of failing to have a deductible for telehealth and other remote care services. The amendments apply to plan years beginning after 2024."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Restrictive IRS Position on Funding Post-Retirement Medical Benefits

"The IRS National Office recently released a legal memorandum ... relating to pre-funding post-retirement medical benefits in a welfare benefit fund.... [T]he memorandum holds that funding an allowable post-retirement medical reserve may NOT take into account periods of coverage before an actual severance from employment.... The position in this legal memo is not particularly surprising given the language of the statute. But, it potentially reflects a more restrictive position than the IRS has previously followed in rulings describing allowable funding policies for Code section 401(h) post-retirement medical benefit funding."  MORE >>

Groom Law Group

[Guidance Overview]

Direct Primary Care Rules for HSA Plans Under the OBBBA

"The One Big Beautiful Bill Act (OBBBA) has created significant opportunities for Direct Primary Care (DPC) arrangements. With a broad choice of vendors offering a variety of solutions, it can be challenging to determine if an arrangement meets the OBBBA requirements for DPCs. This article will discuss the DPC requirements and describe arrangements which may look similar on their face, but are not considered DPC under the Act."  MORE >>

HUB International

[Guidance Overview]

What Employers Need to Know About New HSA and FSA Rules

"Dependent Care FSA limit increased for the first time in nearly 40 years ... Telehealth services no longer disqualify employees from HSA eligibility ... Direct Primary Care (DPC) Arrangements are now HSA-compatible ... ACA Bronze and Catastrophic plans will become HSA-eligible in 2026."  MORE >>

Willis Towers Watson

[Guidance Overview]

Nebraska Healthy Families & Workplaces Act Takes Effect October 1, 2025; Action Needed by September 15, 2025

"Nebraska’s new Healthy Families & Workplaces Act requires most employers to provide paid sick leave to Nebraska employees starting October 1, 2025. Key requirements and action items are summarized [in this article]."  MORE >>

Michael Best

Judge Partially Blocks ACA Enrollment Rules Set to Take Effect August 25

"The Centers for Medicare & Medicaid Services rolled out the changes last month, which include a shortened enrollment period, more stringent income verification checks, and a $5 fee for some people who automatically re-enroll in a free plan. Insurers will also be able to deny coverage to people who have not paid their premiums on past plans." [City of Columbus v. Kennedy, No. 25-2114 (D Md. Aug. 22, 2025)]  MORE >>

InsuranceNewsNet.com

California Supreme Court Issues Decision on Enforcement of Paid Leave Obligations under HWHFA

"[T]he California Supreme Court addressed when 'liquidated' or double damages may be avoided by an employer for minimum wage violations and how employees can pursue paid leave claims under California's Healthy Workplaces, Healthy Families Act (HWHFA), the statewide paid sick and safe time law." [Iloff v. LaPaille, No. S275848 (Calif. Aug. 21, 2025)]  MORE >>

Littler

Steadying the Ship: Flexible Benefits Strategies for Nonprofits

"Flexible plan designs and modular ancillary offerings allow nonprofits to avoid costly penalties for early termination while securing essential coverage for their teams.... [E]ducating employees about existing plan resources -- leveraging wellness dollars for preventive screenings or tapping into employee assistance programs for financial counseling -- can unlock tangible value without straining organizational coffers."  MORE >>

Corporate Synergies

The Substantial Costs of the No Surprises Act Arbitration Process

"We are now in the fourth year of federal IDR operations.... To date, providers have brought far more disputes into IDR than anticipated and have won the vast majority. When providers win, they typically receive fees that are three to four times the typical in-network rate, as reflected by the qualifying payment amount (QPA).... In addition to trend updates, this article estimates total costs incurred by the IDR system since its initiation, and explains how IDR trends ... have led to billions in costs."  MORE >>

Health Affairs Forefront

Benefits in General

[Official Guidance]

Text of DOL Notice: Transition to Electronic Payments and Disbursements

"his notice is to inform the public that effective September 30, 2025, the [DOL] will no longer accept paper checks as a form of payment ... This change is intended to improve efficiency in processing payments and reduce administrative burdens. DOL is committed to assisting the public during this transition period and encourages any affected parties to reach out with questions or concerns."  MORE >>

U.S. Department of Labor [DOL]

Employee Benefits Jobs

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Plan Document Specialist

PCS Retirement

Remote

View job as Plan Document Specialist for PCS Retirement

Selected New Discussions

Divorce and Medical Coverage

"One of our participants had a contentious divorce. Defendant spouse is filing and appeal of the court order finalizing the divorce. Spouse is claiming that she needs to remain covered under our medical plan until her appeal is heard. Participant is objecting. Has anyone ever had this happen before? I am purposely omitting the state involved and recognize that might make it impossible to answer."

BenefitsLink® Message Boards

Press Releases

TRA Wins Brandon Hall Group Bronze Award for Innovation in Learning & Development

TRA [The Retirement Advantage]

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Transparency, Technology & Total Rewards in a Personalized World

PODCAST

Brown & Brown

HR Technology Trends and Transparency Tools

September 17, 2025 WEBINAR

Savoy

Countdown to Compliance: Minnesota Paid Leave Contributions and Benefits

September 23, 2025 WEBINAR

Lockton

Delaware Paid Leave: Preparing for Program Launch

October 15, 2025 WEBINAR

Lockton

Last Issue's Most Popular Items

NQTL Comparative Analyses Still Required Despite MHPAEA Enforcement Relief

Groom Law Group

Back to School May Mean School Activity Leave for Parents

Ice Miller LLP

GLP-1 Coverage: A Roadmap for Balancing Cost and Care

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

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