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Health & Welfare Plans Newsletter
August 27, 2025
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💼 5 New Job Opportunities
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[Guidance Overview]
Special Enrollment Periods Reference Chart (PDF)
"[C]ertain events that occur during the year can trigger a special enrollment period (SEP), when a person may be able to newly enroll in a marketplace plan or change to a different plan outside of the open enrollment period. This chart lists the various events that can trigger an
SEP in the marketplace, the timing for when people can access these SEPs, and when coverage through a particular SEP becomes effective. " MORE >>
Center on Budget and Policy Priorities
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[Guidance Overview]
It's That Time of Year Again: Medicare Part D Notices Due
"For 2025, with the Inflation Reduction Act lowering the out-of-pocket maximum to $2,000 (from $8,000 in 2024), many employer prescription drug plans -- and especially those with High Deductible Health Plans -- may find that their plans are no longer creditable....
[N]ew changes for 2026 may also impact these notices." MORE >>
Kushner & Company
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[Guidance Overview]
Missouri's Paid Sick Leave Repeal: FAQs and What Employers Need to Know Now
"With the passage of House Bill 567, the mandatory Earned Paid Sick Time (EPST) law is nearing its repeal, effective August 28, 2025.... Employers must navigate not just a compliance pivot, but also a legal gray zone without official guidance or precedent.... So, what should
employers do now, and how do you handle the sick leave your employees have already earned?" MORE >>
Husch Blackwell
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Flexible Leave Estimates and Mandatory Notice Requirements: FMLA Lessons from the Sixth Circuit
"Employers may wish to ensure that their notice requirements are clearly communicated and consistently enforced. It may be wise to document and align any unwritten customs or practices with the official policy to avoid confusion and legal challenges.... With regard to unforeseen
intermittent leave, it may be wise to consider the number of leave days on an FMLA certification as an estimate, and not an absolute limit.... Employers have the ability to confirm that leave was actually used for an FMLA-covered purpose." [Jackson v. USPS, No. 25-0231
(6th Cir. Aug. 21, 2025)] MORE >>
Ogletree Deakins
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Firing for Suspected FMLA Fraud: The 'Honest Belief' Rule
"the Sixth Circuit has ruled that an employee on FMLA leave may be discharged based on the employer's honest belief that the employee has lied about the need for such leave. The FMLA protects eligible employees from retaliation or interference when taking qualified leave, but
it does not insulate employees from discipline for fraudulent or dishonest conduct. Employers may investigate suspected FMLA abuse, and, if fraud is substantiated, take appropriate action." [Porter v. Jackson Township Highway Dept., No. 24-3524 (6th Cir. Jun. 24,
2025)] MORE >>
Ogletree Deakins
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Pharmacy Benefit Manager Ordered to Pay $290 Million for Medicare Overbilling
"This case arose from Caremark's failure to comply with a change in Medicare's policies intended to curtail opaque pricing practices.... This case and Judge Goldberg's judgment further demonstrate to PBMs the consequences of failing to keep up with changes in the law
and the increased scrutiny PBMs are now facing from federal agencies." [U.S. ex rel Behnke v. CVS Caremark Corp, No. 14-0824 (E.D. Penn. Aug. 19, 2025)] MORE >>
Duane Morris LLP
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The No Surprises Act: A Litigation Status Check
"To date, courts have rejected constitutional challenges to the law, preserving the law's fundamental protection against surprise out-of-network bills. But other lawsuits have taken a toll as providers have largely been successful in blocking key rules and guidance to
implement the IDR process.... Most recently, payers have turned to the courts to sue providers and IDR middlemen, alleging widespread abuse of the IDR process by several private equity-backed firms that initiate many IDR disputes." MORE >>
Health Affairs Forefront
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GLP-1 Indications Continue to Expand: Potential Approvals Expected Through 2026
"Wegovy has now received FDA approval for the treatment of metabolic dysfunction-associated steatohepatitis (MASH) in adults with moderate-to-advanced fibrosis.... The growing GLP-1 approval pipeline has significant implications for employers in terms of cost, coverage, and
employee access. Throughout the end of 2026, new indications across a broad range of clinical applications are expected that employers should be aware of[.]" MORE >>
Lockton
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Benefits in General |
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How Forward-Thinking Employers Are Managing Cost, Complexity, and Care in 2025
"[1] Spend smarter by targeting root causes of cost ... [2] Design benefits based on actual needs vs. assumptions ... [3] Go beyond financial literacy to Financial Care ... [4] Deliver flexibility, with guidance ... [5] Tie benefits to
organizational purpose." MORE >>
Brightside
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Employee Benefits Jobs
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Selected New Discussions |
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Final 5500 for Small Unfunded Welfare Plan That Previously Filed?
"Assume an unfunded welfare plan has gone above and below the 100-participant threshold over time and is currently under the threshold -- so that it previously filed a 5500 but has not in a couple years. The Plan will terminate and pay all benefits this year (and had below
100 participants on 1/1/25). Does it need to file a final 5500 even though it's under the 100-participant threshold?"
BenefitsLink® Message Boards
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Press Releases |
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Robert Gower Appointed President of the Western Pension & Benefits Council Governing Board
Trucker Huss
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Transamerica Welcomes Jason Frain as Head of Retirement Solutions
Transamerica
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Small Business Cost Containment Unlocked: Smarter Benefits & Workforce Strategies
ON-DEMAND WEBINAR
OneDigital
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Last Issue's Most Popular Items |
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What Employers Need to Know About New HSA and FSA Rules
Willis Towers Watson
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Restrictive IRS Position on Funding Post-Retirement Medical Benefits
Groom Law Group
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Text of CMS Statement on Maryland District Court Order Addressing Marketplace Integrity and Affordability Final Rule (PDF)
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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