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Health & Welfare Plans Newsletter
September 24, 2025
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💼 5 New Job Opportunities
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[Official Guidance]
Text of Revised CMS Guidance on Qualified Health Plan Certification and City of Columbus v. Kennedy (PDF)
Rev. Sep. 23, 2025. "CMS's September 5 guidance announced a forthcoming data change window from
September 30-October 1, for issuers seeking QHP certification to submit revised QHP plan data ... suers must use this window to revise their rate filings, form filings, and QHP certification application materials as needed to comply with the district court's ruling. Issuers may also use this window to submit updated QHP application materials and filings to account for the expanded access to catastrophic coverage in the
FFE. CMS will not limit permissible rate changes to those in response to the court decision regarding actuarial value policy or the catastrophic coverage policy. However, issuers will not be permitted to add new plans on the FFE or change a plan's metal level.' MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Official Guidance]
Draft of IRS Form 5498SA: HSA, Archer MSA, or Medicare Advantage MSA Information (PDF)
"This information is submitted to the IRS by the trustee of your health savings account (HSA), Archer medical savings account (MSA), or Medicare Advantage MSA (MA MSA).... Employer contributions to your HSA may be excluded from your income and aren't deductible by you. You
and your employer can make contributions to your HSA in the same year." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
Revised PFML Tax Credit Presents New Opportunities for Employers in 2026
"The OBBBA expanded and simplified the PFML tax credit by making it permanent, reducing the employee tenure requirement, and clarifying eligibility rules. These updates aim to help more employers qualify for the credit and ease compliance. [A chart] highlights the key differences
before and after OBBBA." MORE >>
Sequoia
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[Guidance Overview]
All Is Not Lost as the Sun Sets on the HIPAA Reproductive Health Rule
"HHS's decision not to appeal Purl ... does not relieve HIPAA regulated entities from their obligations to protect reproductive health care information. HIPAA regulated entities must still ensure that their existing HIPAA policies and procedures adequately
protect PHI, including reproductive health care information, even though the protections that were in the Rule are now defunct." MORE >>
Epstein Becker Green
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[Guidance Overview]
Can Retroactive Benefit Elections Be Paid on a Pre-Tax Basis?
"In general, section 125 does not allow retroactive coverage paid with pre-tax employee contributions, with two exceptions: [1] when new hires have no waiting period for benefits; and [2] for employees requesting enrollment under the HIPAA special enrollment rules
due to the birth, adoption or placement for adoption of a child.... Employers should review their plan documents and summary plan descriptions and make changes, if necessary, to ensure they accurately describe the coverage effective date and pre-tax/after-tax nature of employee contributions in an election change scenario." MORE >>
Willis Towers Watson
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How Much and Why Premiums Are Going Up for Small Businesses in 2026
"For 2026, the median proposed premium increase among 318 small group insurers across all 50 states and the District of Columbia is 11%. ... [I]nsurers cite rising healthcare costs as a primary driver of premium increases. Other contributing factors include higher prescription
drug costs and utilization, rising labor expenses, and overall economic inflation." MORE >>
The Peterson-Kaiser Health System Tracker
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Open Enrollment Season: Best Practices for Employers
"[E]mployers, in tandem with their brokers/consultants, should plan out a checklist of tasks to complete before open enrollment actually begins.... As part of the preparation for a new plan year, employers cannot overlook the importance of ensuring they're still meeting all
of their benefits compliance requirements.... [E]mployers should take steps to: [1] Communicate regularly and clearly with employees; [2] Provide straightforward, detailed descriptions of available benefits and costs; and [3] Stay on top of all enrollment deadlines." MORE >>
MZQ Consulting, LLC
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Shopping for Benefits: What the Future Holds for Employers and Employees
"Emerging tech platforms should provide employees with more options for insurance -- and a better understanding of those options -- and make it easier to manage wellness, healthcare and any insurance coverages.... Apps specific to shopping for benefits will provide more
information to healthcare consumers and the necessary tools to make better care decisions." MORE >>
Corporate Synergies
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Financial Stress: The Overlooked Health Condition Driving Costs
"Mercer reports that 59% of employers will pass on some of their higher healthcare costs onto employees this year, up from 44% in 2024. For many, this means raising deductibles or premiums. But with 70% of employees living paycheck to paycheck, 'cost-sharing' could
backfire for everyone.... With nearly two-thirds of large employers prioritizing behavioral health, supporting whole-person wellbeing is no longer optional. And while physical and mental health often take center stage, financial health is just as critical -- and just as connected." MORE >>
Brightside
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Benefits in General |
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A New Chapter at EBSA: Dan Aronowitz Cleared by Senate to Take the Helm
"Aronowitz's appointment signals a potential turnaround in EBSA's regulatory posture, with implications for ongoing litigation, compliance strategies and fiduciary risk management. His leadership is expected to bring a more pragmatic and business-friendly approach to
EBSA's enforcement and rulemaking priorities." MORE >>
Holland & Knight
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Employee Benefits Jobs
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Ensuring Your Health Plan is Ready for a Department of Labor Audit
October 15, 2025 WEBINAR
Savoy
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ERISA Fiduciary Rules for Health and Welfare Plans: Compliance Requirements and Litigation Risks
December 2, 2025 WEBINAR
BARBRI
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Last Issue's Most Popular Items |
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Illinois Enacts New $15 PBM Fee Effective 2026
HUB International
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When an Employee Is Dismissed: A Resource Guide for HR and Benefits Professionals
Foley & Lardner LLP
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New Flurry of Litigation Challenging Wellness Programs
Kutak Rock LLP
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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