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Health & Welfare Plans Newsletter
October 3, 2025
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[Official Guidance]
Draft 2025 Instructions for IRS Form 1095-A: Health Insurance Marketplace Statement (PDF)
Sep. 4, 2025; pub. online Oct. 2, 2025. "Form 1095-A is used to report certain information to the IRS about individuals who enroll in a qualified health plan through the Health Insurance
Marketplace. Form 1095-A is also furnished to individuals to allow them to take the premium tax credit, to reconcile the credit on their returns with advance payments of the premium tax credit (advance credit payments), and to file an accurate tax return." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
Health and Welfare Plan Lunch Group, October 2025 (PDF)
25 pages. Topics: [1] Legislative and regulatory update; [2] Litigation update; [3] HIPAA top 10 current issues; [4] HIPAA deep dive: Recurring issues; [5] Compliance issues: GLP-1s and disease management. MORE >>
Alston & Bird
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[Guidance Overview]
Minnesota Paid Leave Starts January 1, 2026: Are You Ready?
"Key Dates for Employers: [1] November 10, 2025 -- Recommended date ... to submit an equivalent plan for approval before the law's effective date. [2] December 1, 2025 -- Provide employees individualized notice of their rights and benefits
under the MPL law.... [3] January 1, 2026 -- The MPL law's effective date; benefits become available to employees. Payroll deductions start for current employees. [4] April 30, 2026 -- First quarterly payment due to the DEED." MORE >>
Faegre Drinker
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[Guidance Overview]
How to Calculate FMLA Leave for Employees with Unusual Work Schedules
"When your employees do not work a standard 9-to-5 schedule, calculating their [FMLA] entitlement can get tricky. [DOL Opinion
Letter FMLA2025-02-A] clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix." MORE >>
Pierson Ferdinand LLP
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Health Plan's Stated 24-Hour Nursing Requirement for Residential Treatment Facilities May Violate MHPAEA (PDF)
"The court concluded that the participant had plausibly alleged an 'as written' MHPAEA violation in that the 24-hour nursing requirement was imposed only on residential mental health treatment facilities -- not on comparable medical/surgical analogs. While the
administrator argued that it effectively imposed the same requirement on medical/surgical facilities because it required them to meet state licensing or federal Medicare/Medicaid requirements (which in turn required 24-hour nursing), the court ruled that a requirement that is expressly written into the plan is facially different than the incorporation of extrinsic licensing standards, even if those standards impose the same requirement in
practice." [Brady K. v. Health Care Serv. Corp., No. 25-0759 (N.D. Ill. Sep. 25, 2025)] MORE >>
Thomson Reuters / EBIA
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Another Court Reviews Adequacy of Tobacco Surcharge Pleadings
"[T]he court made clear that the ERISA section 702(b) claim arising from the tobacco surcharge only survived because the plaintiff plausibly alleged that the 'Plan materials fail to notify participants that a physician's recommendation will be accommodated' and
not under the other theories asserted." [Bailey v. Sedgwick Claims Mgmt. Serv., Inc., No. 24-2749 (W.D. Tenn. Sep. 26, 2025)] MORE >>
Miller & Chevalier
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Benefits in General |
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Good News and Bad News in the Priority Guidance Plan from Treasury and IRS
"[M]any SECURE 2.0 projects are still on the
list. And, many OBBBA projects made the list, including changes to Code sections 162(m), 4960, and 223.... Several important guidance projects have been dropped, including a longstanding guidance project on VEBA and other welfare benefit funds under Code sections 419, 419A,
etc." MORE >>
Groom Law Group
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Selected New Discussions |
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Plan Overcharged Employee for Premium Payments
"Employee A works for Company X. For 2025, A elected family medical coverage under X's health plan. Family coverage costs the employee $275 in monthly premium payments. Employee A was actually charged $300 per month for such coverage. X's health plan discovers
the error in the third quarter of 2025. Is X required to repay A the amount of the extra premium amount? Is X required to include interest on the reimbursed premium amount?"
BenefitsLink® Message Boards
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Last Issue's Most Popular Items |
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Text of 2025 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage (PDF)
Internal Revenue Service [IRS]
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Is an SPD Required for Our Company's Health FSA?
Thomson Reuters / EBIA
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TrumpRx Website: What to Know About Launch Date, Costs
AXIOS; registration may be required
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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