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Health & Welfare Plans Newsletter

October 10, 2025

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💼  2 New Job Opportunities

 

[Official Guidance]

Text of 2025 IRS Form 1095-B: Health Coverage (PDF)

"Instructions for Recipient: This Form 1095-B provides information about the individuals in your tax family (yourself, spouse, and dependents) who had certain health coverage (referred to as 'minimum essential coverage') for some or all months during the year. " [Also available: 2025 IRS Form 1094-B: Transmittal of Health Coverage Information Returns]  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

2026 Health FSA Limit Increases to $3,400

"The adjustment for 2026 represents a $100 increase to the $3,300 health FSA salary reduction contribution limit for 2025.... The indexed carryover limit for plan years starting in calendar year 2026 to a new plan year starting in calendar year 2027 increases to $680. The carryover amount does not count toward the annual contribution limit."  MORE >>

Newfront

[Guidance Overview]

NYC Council Passes New Earned Safe and Sick Time Act Requirements for Employers

"The latest ESSTA amendments seek to mandate the front-loading of an additional 32 hours of unpaid safe and sick leave for employees upon hire and each calendar year thereafter ... [T]he bill seeks to expand the list of eligible safe and sick time uses for leave under the ESSTA.... The collapsing of the [NYC Temporary Schedule Change Act (TSCA)] into the ESSTA provides some consistency for employers who have struggled to synthesize these competing statutory schemes."  MORE >>

Duane Morris LLP

[Guidance Overview]

New Illinois Law Requires Coverage for Parents in Limited Circumstances

"To meet the requirements, the parent or stepparent must live in the plan's service area, and they must meet the IRS' definition of qualifying relative. The new rules take effect January 1, 2026. It will not apply to plans issued in other states, self-funded plans, Medicare supplemental insurance, specified disease policies, and hospital or accident-only policies."  MORE >>

OneDigital

District Court Allows Challenge to Plan's Provider Directory and Out-of-Network Pricing and Reimbursement Disclosures (PDF)

"This case highlights challenges to plan actions under the No Surprises Act beyond independent dispute resolution (IDR). Plans and administrators must keep accurate and complete provider network databases to avoid legal risks and reduce costs for participants seeking out-of-network care. They must also focus on transparency in reimbursement determination disclosures to avoid ERISA breach of fiduciary duty claims" [Orrison v. Mayo Clinic, No. 24-1124 (D. Minn. Sep. 19, 2025)]  MORE >>

Thomson Reuters / EBIA

Pharmacy Groups Defend Iowa PBM Law Amid Legal Challenge

"The National Community Pharmacists Association, Iowa Pharmacy Association, American Pharmacists Association and Independent Pharmacy Cooperative filed a friend-of-the-court brief ... arguing that the law is legal and urging the 8th Circuit Court of Appeals to allow it to stand. The groups, which represent independent community pharmacies, say that PBM actions targeted by Iowa's law are driving unaffiliated pharmacies out of business and harming patient access to drugs." [Iowa Assoc. of Bus. and Ind. v. Ommen, No. 25-0211 (S.D. Iowa Jul. 21, 2025; on appeal to 8th Cir. No. 25-2494)]  MORE >>

The Wrap in Yahoo News

Employer May Be Liable for Silence on Benefit Provisions

"[W]ith regards to the supplemental insurance claim, the court said that the employer's knowledge of the employee's condition ... created an affirmative duty to inform. None of the employer's communications with the employee and his spouse clearly communicated that a $400,000 supplemental policy was in force and also required conversion. [The court] ruled that if 'the written materials are inadequate, then the fiduciaries themselves must be held responsible for the failure to provide complete and correct material information.' " [Erban v. Tufts Medical Center, No. 22-11193 (D. Mass. Aug. 12, 2025)]  MORE >>

The Wagner Law Group

Health Plans, Courts Struggle with Transgender Healthcare Access

"[E]mployers are navigating unsettled law on whether federal nondiscrimination requirements permit exclusions for gender-affirming care. Plan participants may challenge restrictions under statutes such as ACA §1557 and Title VII. Courts are distinguishing between state laws that restrict available care and federal nondiscrimination mandates that still apply to employer plans."  MORE >>

Hall Benefits Law

How Much Do People with Employer Plans Spend Out-of-Pocket on Cost-Sharing?

"This chart collection examines the most recent available trends in employee spending on deductibles, copayments, and coinsurance from 2012 to 2023 using a sample of health benefit claims for individuals under 65 ... Total annual health spending by, and on behalf of, a family of four with employer coverage tops $29,000 in 2024."  MORE >>

The Peterson-Kaiser Health System Tracker

2025 EBRI Employer Mental Health Survey (PDF)

10 pages. "[M]ental health coverage was nearly universal among large employers, with 97 percent of surveyed plans offering mental health services but only 67 percent covering substance use treatment ... [J]ust 22 percent of employers [are] tracking employee utilization data.... A majority of employers were tracking and measuring relevant employee satisfaction ... Fewer than one-half of employers collected or received information on industry-standard network adequacy performance measure[.]"  MORE >>

Employee Benefit Research Institute [EBRI]

Employers Can Do More to Track the Efficacy of Mental Health Benefits

"Most employers offer coverage for mental health services, but where they fall short is in tracking whether those benefits are working, according to a new survey.... [T]here is a significant opportunity for employers to do more in tracking network adequacy ... 73% of those surveyed covered telehealth, and 62% covered counseling and therapy visits. But notably fewer offered coverage for ongoing chronic needs (33%) or for culturally competent care (26%)."  MORE >>

FierceHealthcare

Employee Benefits Jobs

💼

Relationship Manager

Daybright Financial

Remote

View job as Relationship Manager for Daybright Financial

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Retirement Plan Compliance Analyst

FuturePlan, by Ascensus

Remote

View job as Retirement Plan Compliance Analyst for FuturePlan, by Ascensus

Press Releases

Defined Contribution Institutional Investment Association (DCIIA) Expands Leadership Team with Appointment of Katie Selenski as Incoming Chief Strategy Officer and Executive Director of the Retirement Research Center

Defined Contribution Institutional Investment Association [DCIIA]

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Compliance Office Hours: HIPAA Training for Employers

ON-DEMAND WEBINAR

Newfront

LUX ET VERITAS: Bond Attorneys to Help Shed Light and Truth on Employee Benefits for Colleges and Universities

November 6, 2025 WEBINAR

Bond, Schoeneck & King, PLLC

Last Issue's Most Popular Items

Text of IRS Rev. Proc. 2025-32: Certain Inflation-Adjusted Amounts for 2026 (PDF)

Internal Revenue Service [IRS]

Law Firm Sanctioned for Giving ERISA Lawsuit Documents to DOL

Law360; subscription required

The Health FSA Nondiscrimination Tests

Newfront

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

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