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Health & Welfare Plans Newsletter

October 7, 2025

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[Guidance Overview]

Reminder: Gag Clause Prohibition Compliance Attestation Changes in 2025

"Fourth quarter compliance activities have included the gag clause prohibition compliance attestation for the third year in a row. This year, there are important changes ... including the requirement to confirm the absence of gag clauses in your insurer or third party administrator's downstream agreements with other third parties, such as their network providers. The attestation is due by December 31. "  MORE >>

Arthur J. Gallagher & Co.

[Guidance Overview]

Employers: Prepare for Minnesota's Paid Leave Law

"On January 1, 2026, Minnesota's Paid Leave law will take effect, providing qualified employees with up to twelve weeks of paid medical leave, twelve weeks of paid family leave, and employees who need both family and medical leave in a single benefit year may qualify for up to twenty weeks. The law sets forth several actions for employers to take prior to the start of the new year[.]"  MORE >>

Ogletree Deakins

District Court Confirms ERISA Record Closes at Final Determination

"[The judge] granted Reliance's motion for summary judgment on the threshold question of what belongs in the ERISA administrative record and denied Plaintiff's motion in limine and cross‑motion for summary judgment. The Court held the record is limited to what was before Reliance when it issued the final appeal decision on June 30, 2023." [Nelson v. Reliance Standard Life Ins., No. 24-1307 (W.D. La. Sept. 30, 2025)]  MORE >>

Roberts Disability Law

Employee Benefits Year-Round Communication Calendar

"Creating a benefits communication calendar now can offer you a clear roadmap for the year ahead.... Here's a process you can work through along with some helpful tips as you embark upon the path of designing your own year-round benefits engagement calendar. "  MORE >>

Benefitfocus

The Hidden ROI of an Expansive Approach to Employee Benefits

"One key step employers should take when improving benefits strategy is listening to their employees' specific needs. Conducting employee surveys or focus groups can reveal what different subgroups in your workforce need. Do this regularly and consistently to measure the uptake and value of your current benefits and receive insight into what is no longer working."  MORE >>

Corporate Synergies

Aon Forecasts 9.8 Percent Average Increase in Global Medical Plan Costs for 2026

"North America and Asia-Pacific (APAC) are the only regions where Aon projects an increase in medical trend rates, reaching 9.3 percent and 11.3 percent respectively. In contrast, Aon's report shows that Europe is expected to see the largest decline, with rates dropping from 8.9 percent in 2025 to 8.2 percent in 2026."  MORE >>

Aon

Benefits in General

[Guidance Overview]

When Does Your ERISA Plan Need an Audit?

"Most plans with 100 or more eligible participants at the beginning of the plan year must include an accountant's audit report when filing Form 5500. There is a general exception which allows some smaller plans to avoid attaching an audit to their filing.... For sponsors of health and welfare plans, the good news is that ERISA's audit requirement generally only applies if the plan is funded through a trust (for example, a VEBA), or if participant contributions are otherwise segregated from the employer's general assets."  MORE >>

Bricker Graydon

Press Releases

Kush Kotecha to lead Nationwide’s Annuity business

Nationwide

8 of the Top 10 Retirement TPAs Choose Stax.ai to Power Administration and Growth

Stax.ai

Treasury Department Announces New Appointment

U.S. Department of the Treasury

Kantor and Kantor, LLP Appoints Five Senior Partners to Guide Firm's Next Era of Growth

Kantor & Kantor LLP

CAPTRUST Launches CAPTRUST Wellness Advantage: Powered by Cleveland Clini

CAPTRUST Financial Advisors

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Non-Binding Guidance: The Administration's Focus on Direct-to-Consumer Prescription Drug Advertising

PODCAST

Ropes & Gray

Pop-up Discussion: Getting Ready for Paid Leave in Minnesota

October 22, 2025 WEBINAR

Faegre Drinker

Last Issue's Most Popular Items

Fiduciary Risks in Pharmacy Benefits: A Checklist for Plan Sponsors

Nixon Peabody LLP

Revised CMS Key Dates for Calendar Year 2025: Qualified Health Plan Data Submission and Certification, Rate Review, and Risk Adjustment (PDF)

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

Questions to Ask Your Employee Benefits Broker at Renewal

Nava

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

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