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Health & Welfare Plans Newsletter

September 19, 2025

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[Official Guidance]

Text of CMS Additional Guidance on Qualified Health Plan Certification and City of Columbus v. Kennedy (PDF)

"[This] additional guidance clarifies that CMS will offer this September 30-October 1 data change window to allow issuers to submit revised rates and forms approved by the state, CMS Rate Review, and/or CMS Form Review, as applicable, regardless of the outcome of any pending motions or litigation, and that the window will be open to all health insurance issuers applying for Plan Year 2026 QHP Certification on the FFE."  MORE >>

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

[Guidance Overview]

HIPAA Privacy Notice Updates to Consider

"Covered entities, including group health plans, must continue to comply with the HIPAA privacy and security requirements that were in place before the 2024 final rule took effect. However, any updates to policies and procedures that specifically address the final rule on reproductive healthcare should not be followed, particularly in response to law enforcement activity."  MORE >>

Segal

[Guidance Overview]

HHS Issues HIPAA Guidance on Protected Health Information

"The Office for Civil Rights (OCR) at [HHS] released updated FAQ guidance on individuals' rights to access their protected health information (PHI) from their healthcare providers and health plans. An additional FAQ was issued on the disclosure of PHI to value-based care arrangements, such as accountable care organizations, without the individual's authorization."  MORE >>

Willis Towers Watson

[Guidance Overview]

What Are Voluntary Plans, and Are They Subject to ERISA? (PDF)

"[U]nder a DOL regulatory safe harbor, group insurance arrangements that meet specified requirements are exempt from ERISA.... Many supplemental insurance arrangements offered at the workplace will constitute voluntary employee-pay-all arrangements that fall within the safe harbor -- so long as employer involvement is sufficiently limited. An arrangement that does not satisfy the voluntary plan safe harbor likely will be subject to ERISA and its many compliance obligations[.]"  MORE >>

Thomson Reuters / EBIA

Drug Benefit Compliance Is a State-by-State Test for Plan Sponsors

"Consider the possibility of ERISA preemption.... Confirm whether self-funded plans are in scope (and reach out to state regulators if needed).... Comply in a modified manner with an accompanying assertion.... Customize compliance state-by-state.... Clarify when compliance liability rests with the PBM.... Consider HIPAA exposure."  MORE >>

Bloomberg Law

2025 EBRI Employee Mental Health Survey (PDF)

"A full 27 percent of respondents reported that they or someone on their health plan had a mental health condition. These respondents were more likely to be between 25 and 54 years old, more often married with children, and more often employed at smaller firms.... Respondents reporting a mental health condition were twice as likely as those not reporting a mental health condition to be unable to get medical care, tests, or treatment they or a doctor believed necessary over the past six months."  MORE >>

Employee Benefit Research Institute [EBRI]

Part-Time Workers Have Less Access to Employer-Based Coverage Than Full-Time Workers

"Employer-sponsored health insurance (ESI) is the primary source of health coverage for working non-elderly adults, but adults working part time (fewer than 35 hours per week) have less access to these benefits than their full-time counterparts. Among non-elderly adults employed by public or private employers (excluding the self-employed), 18.5 million, or 14% of adult workers, work part time. This report examines the characteristics of part-time workers and their access to employer-sponsored health benefits."  MORE >>

Henry J. Kaiser Family Foundation

The Complexities of Employee Leave Management

"[L]eave programs are constantly expanding and evolving with new legislation at the state and/or local level.... When designing employee leave policies, employers may think a single, extensive general policy will cover all situations. However, leave management is a multi-layered process that requires well-defined, specific guidelines."  MORE >>

Hilb Group

Benefits in General

Daniel Aronowitz Confirmed to Lead EBSA

"The newly confirmed Assistant Secretary of Labor and head of the Employee Benefits Security Administration has pledged to streamline retirement plan oversight and end the ‘war on ESOPs.’... During his confirmation hearing, he stressed that he intends to make clear that fiduciaries, not the DOL or plaintiffs’ lawyers, should decide what is best for retirement plan participants."  MORE >>

PLANADVISER

District Court Denies Insurer's Attempt to Block Discovery in ERISA Benefits Case

"The decision reaffirms that: [1] Reconsideration is an extraordinary remedy, not a vehicle to reargue issues already decided. [2] District courts maintain discretion to allow discovery in ERISA cases, particularly where issues of bias or fairness may be explored. [3] Insurers opposing discovery must identify specific burdens or improper requests; generalized objections are inadequate." [Gaines v. United of Omaha Life Ins. Co., No. 25-0167 (N.D. Ind. Sept. 18, 2025)]  MORE >>

Roberts Disability Law

Employee Benefits Jobs

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Retirement Operations Consultant

TruStage

Verona WI / IA / SD / Hybrid

View job as Retirement Operations Consultant for TruStage

Press Releases

Betterment at Work and First Citizens Wealth Launch 401(k) Solution for Business Clients

Betterment at Work

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

An Employer's Guide to Transparency with Broker, Carrier & Vendor Relationships

ON-DEMAND WEBINAR

OneDigital

How Have Healthcare Costs Changed Since 2005?

PODCAST

Milliman

Last Issue's Most Popular Items

ACA Preventive Services Update and COVID-19 Vaccinations (PDF)

Gallagher

Draft of Instructions for 2025 IRS Forms 1094-C and 1095-C: Employer-Provided Health Insurance Offer and Coverage (PDF)

Internal Revenue Service [IRS]

Dependent Care Assistance Programs: An Employer Guide

HUB International

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

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