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Health & Welfare Plans Newsletter

September 25, 2025

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💼  4 New Job Opportunities

 

[Guidance Overview]

Navigating Independent Dispute Resolution (PDF)

"Health plan sponsors continue to report issues navigating the IDR process and tend to pay significantly more for [out-of-network (OON)] services under the IDR process than if in-network rates applied.... Sponsors of fully insured plans are unlikely to have control over the IDR process because the insurer is responsible. Sponsors and fiduciaries of self-insured plans may want to request regular reporting from the plan's third-party administrator (TPA), if applicable, about the plan payments through the IDR process[.]"  MORE >>

benefits magazine, a publication of the International Foundation of Employee Benefit Plans [IFEBP]

[Guidance Overview]

HIPAA Privacy Rule Double-Back: Don't Forget Part 2!

"Despite vacating provisions in the regulations relating to reproductive health care information, the Purl ruling kept intact regulations at 42 CFR part 2, relating to the protection of SUD Records. This means that, effective February 16, 2026, group health plans must update their policies and Privacy Notices to reflect the stringent protections applicable to certain SUD records[.]"  MORE >>

Spencer Fane

[Guidance Overview]

Key Developments for Employers' Disclosure of Reproductive Health Care Under HIPAA

"The federal Reproductive Health Care Privacy Protections are no longer in effect. Covered entities are no longer required to include them in their HIPAA policies and procedures. Covered entities and business associates are no longer required to comply with the related attestation requirements.... [T]he NPP requirements regarding the use and disclosure of Part 2 records remain in effect."  MORE >>

Vorys

[Guidance Overview]

State Paid Family and Medical Leave Contributions and Benefits (PDF)

43 pages; Sep. 23, 2025. "No additional states enacted new PFML programs in 2024 or 2025. Contributions in Delaware and Maine started on Jan. 1, and will start on Jan. 1, 2026, in Minnesota. Benefits will start in 2026 -- in January for Delaware and Minnesota and in May for Maine. In Maryland, contributions will start on Jan. 1, 2027, and benefits will start no later than Jan. 3, 2028." [Also available: Paid Family and Medical Leave Snapshots across the US (slide deck)]  MORE >>

Mercer

Saying the Quiet Part Out Loud Cost This Employee Her FMLA Case

"The Fifth Circuit recently affirmed summary judgment for an employer in a case where a longtime employee claimed, through one count labeled as FMLA discrimination, interference, and retaliation, that she was fired after taking leave. But she and her doctor admitted she could still perform the functions of her job throughout the leave period. That admission doomed her claim because she was never entitled to FMLA protections in the first place." [Holland v. Texas Christian Univ., No. 25-10567 (5th Cir. Sep. 8, 2025)]  MORE >>

Pierson Ferdinand LLP

District Court Blocks Tribal Court Action Over ERISA-Governed Life Insurance Benefits

"[The District Court] granted a preliminary injunction preventing beneficiaries from pursuing claims in the Cheyenne River Sioux Tribal Court over disputed life insurance proceeds. The court held that because the benefits arose under an ERISA-governed plan, federal jurisdiction was exclusive and tribal courts lacked authority to adjudicate the dispute." [Metropolitan Life Ins. Co. v. Mundahl, No. 24-3029 (D.S.D. Sep. 19, 2025)]  MORE >>

Roberts Disability Law

How to Make Benefits Communications Personal

"This article discusses the power of personalized communications to increase participation, enhance employee satisfaction and maximize the impact of benefits programs. It covers building personas based on demographic data, tailoring messaging to the personas and using technology, including artificial intelligence, to enhance personalization. It also includes four tips for more effective benefits communications."  MORE >>

Segal

Benefits in General

Ninth Circuit Vacates ERISA Penalties Against Netflix

"This decision reinforces the Ninth Circuit's narrow interpretation of Section 104, limiting disclosures to documents directly relevant to participants' understanding of their benefits and procedures. It also highlights the role of COVID-19 disaster relief orders in excusing compliance delays, where plan administrators act in good faith and provide documents as soon as practicable." [Zavislak v. Netflix, Inc., No. 24-4156 (9th Cir. Sep. 24, 2025; unpub.)]  MORE >>

Roberts Disability Law

Employer-Sponsored Emergency-Savings Accounts Are Becoming a Hot Perk

"As savings have become the leading financial priority for Americans amid stubbornly high prices and a weaker labor market -- and as employers look to boost productivity by improving workers' financial well-being -- a growing number of employers are introducing emergency-savings accounts, or ESAs, as a dedicated benefit alongside established workplace savings programs such as 401(k)s and health savings accounts."  MORE >>

Morningstar

Workplace AI Users Are Twice as Likely to Leverage Emerging Technology for Retirement Planning

"Plan Sponsors: Start with simple, broadly appealing features like retirement income estimation and financial goal tracking before introducing more complex tools. Positioning AI as a complement to human advisors can reinforce that AI use increases -- not replaces -- engagement with financial professionals."  MORE >>

MissionSquare

Employee Benefits Jobs

💼

Senior Plan Document Specialist

DWC

Remote

View job as Senior Plan Document Specialist for DWC

💼

Litigation Attorney

Trucker Huss

CA / Hybrid

View job as Litigation Attorney for Trucker Huss

💼

Retirement Plan Conversion Specialist

Trinity Pension Consultants

Akron OH

View job as Retirement Plan Conversion Specialist for Trinity Pension Consultants

💼

ESOP Administration Consultant

Blue Ridge Associates

Remote

View job as ESOP Administration Consultant for Blue Ridge Associates

Press Releases

DOL Obtains Default Judgment Requiring Fiduciaries to Pay Back $134K to Retirement Plan

Employee Benefits Security Administration [EBSA], U.S. Department of Labor

UnitedHealthcare Launches New Direct-to-Consumer, Digital Shopping Experience

UnitedHealthcare

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Tuning the Cost Levers: Optimizing Benefits While Protecting Your Bottom Line

ON-DEMAND WEBINAR

HUB International

Last Issue's Most Popular Items

Can Retroactive Benefit Elections Be Paid on a Pre-Tax Basis?

Willis Towers Watson

All Is Not Lost as the Sun Sets on the HIPAA Reproductive Health Rule

Epstein Becker Green

A New Chapter at EBSA: Dan Aronowitz Cleared by Senate to Take the Helm

Holland & Knight

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

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