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August 29, 2025

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[Guidance Overview]

Illinois Expands Dependent Coverage Requirements for Fully Insured Health Plans

"The new amendment requires that fully insured health plans issued in Illinois must extend coverage to eligible dependent parents and stepparents of insured individuals, provided they reside within the health plan's service area.... This coverage requirement applies to health insurance policies issued, amended, delivered, or renewed in Illinois on or after January 1, 2026."  MORE >>

Sequoia

West Virginia Sues Pharmacy Benefit Manager for Manipulating Opioid Crisis

"[T]he state of West Virginia ... filed a federal court action against pharmacy benefit manager (PBM) Express Scripts Inc. (ESI) based on its alleged role in manipulating and exacerbating the opioid overdose epidemic. The West Virginia attorney general asserts that ESI, as a PBM, held a 'uniquely powerful position' within the 'prescription drug ecosystem.' " [West Virginia v. Evernorth Health, Inc., No. 25-0182 (N.D.W.V. complaint filed Aug. 15, 2025)]  MORE >>

Duane Morris LLP

Braidwood Litigation Continues: Trial Court to Consider Validity of ACIP and HRSA Preventive Service Recommendations (PDF)

"The Fifth Circuit has now sent the case back to the trial court ... In so doing, the court specifically noted that its prior opinion directed the trial court to address the 'compelling -- and largely unrebutted -- arguments' raised on appeal that HRSA and ACIP members were appointed in a manner that violated the Administrative Procedure Act." [Kennedy v. Braidwood Management, Inc., No. 24-316 (S. Ct. Jun. 27, 2025; 5th Cir. No. 23-10326 remanded Aug. 26, 2025)]   MORE >>

Thomson Reuters / EBIA

Preparing for a Successful Annual Benefits Enrollment

"[K]ey components necessary to lay the groundwork for a successful annual enrollment season: [1] Strategic planning ... [2] System configuration: enrollment portal and payroll system ... [3] Employee communication and education ... [4] Compliance considerations ... [5] Post-annual enrollment follow-up."  MORE >>

Morgan Lewis

13 Important Types of Leave Every HR Leader Should Know

"Employees need more than just vacation days. Clear leave policies signal trust and support when life happens. This blog breaks down the most common types of leave, from bereavement leave to floating holidays, and shows how thoughtful policies strengthen equity, well-being, and retention."  MORE >>

Nava

Self-Insured Health Coverage from 1996 to 2024

"The share of private-sector establishments offering health plans that include at least one self-insured option has generally increased since the mid-1990s, well before the ACA.... Large firms are far more likely than small and medium-sized firms to offer a self-insured plan. Since the ACA's major provisions took effect, self-insurance rates have risen among small and medium-sized firms, while declining among larger firms -- though these trends may have begun to reverse in 2024."  MORE >>

Employee Benefit Research Institute [EBRI]

Medicare’s Financial Condition: Beyond Actuarial Balance (PDF)

"[T]his issue brief ... examines the findings of the Medicare Trustees Report with respect to program solvency and sustainability.... The longer that corrective measures are delayed, the worse the financial challenges will become and, in turn, the greater the burden that is likely to be imposed on beneficiaries, providers, and taxpayers."  MORE >>

Medicare Committee, American Academy of Actuaries

Benefits in General

Sixth Circuit Rejects Surcharge as a Remedy Under Section 502(a)(3)

"The Sixth Circuit recently addressed whether 'equitable relief' under ERISA includes the remedy of 'surcharge.' Following a 2023 decision from the Fourth Circuit, the Sixth Circuit concluded that it does not. The courts reached this conclusion by engaging in an analysis that more litigants and courts should be conducting in ERISA cases." [Aldridge v. Regions Bank, No. 24-5603 (6th Cir. Jul. 17, 2025)]  MORE >>

Faegre Drinker

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Last Issue's Most Popular Items

New Lawsuit Challenges Employer-Provided Health Plan Options

Holland & Hart LLP

Expiring Health Provisions of the 119th Congress

Congressional Research Service [CRS]

ERISA Settlement Enforced, Fees Awarded -- Even After the Claimant Tried to Back Out

Roberts Disability Law

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

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