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Health & Welfare Plans Newsletter

November 5, 2025

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💼  3 New Job Opportunities

 

[Official Guidance]

Text of Instructions for 2025 IRS Forms 1094-C and 1095-C: Employer-Provided Health Insurance Offer and Coverage (PDF)

22 pages; Oct. 30, 2025. "Employers no longer have to automatically send Form 1095-C to individuals. The requirement for furnishing the statement is met if the employer responsible for providing the statements provides clear, conspicuous, and accessible notice on its website that an individual may request a copy of their statement and the copy is timely furnished. For this purpose, the statement is timely furnished if provided to the individual no later than the later of January 31, 2026, or 30 days after the date of the request. "  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text of Instructions for 2025 IRS Forms 1094-B and 1095-B: Health Coverage (PDF)

Oct. 22, 2025. "What's New ... Employers no longer have to automatically send Form 1095-B to individuals. The requirement for furnishing the statement is met if the entity responsible for issuing the statements provides clear, conspicuous, and accessible notice on its website that an individual may request a copy of their statement and the copy is timely furnished. For this purpose, the statement is timely furnished if issued to the individual no later than 30 days after the date of the request."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Draft of Instructions for IRS Form 8928: Return of Certain Excise Taxes Under Chapter 43 of the Internal Revenue Code (PDF)

"File Form 8928 to report the tax due on the following failures by group health plans or employers. [1] A failure to provide a level of coverage of the costs of pediatric vaccines ... that is not below the coverage provided as of May 1, 1993. [2] A failure to satisfy continuation coverage requirements under section 4980B. [3] A failure to meet portability, access, renewability, and market reform requirements ... [4] A failure to make comparable Archer medical savings account (MSA) contributions ... [5] A failure to make comparable health savings account (HSA) contributions[.]"  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Departments Release FAQs Related to Fertility Benefits

"For fertility benefits to be considered an independent, noncoordinated excepted benefit under the regulations, [FAQs Part 72] confirms the benefits must satisfy [three specific] requirements ... The FAQs also describe situations where fertility benefits can qualify as an excepted benefit under the category of limited excepted benefits. "  MORE >>

Brown & Brown, Inc.

[Guidance Overview]

HIPAA Security Rule: Still on Track for Finalization

"If the rule is finalized as proposed, it would mean a radical shift in how the security rule is applied -- moving away from a flexible approach to account for the various types of regulated entities to a more rigid approach with some prescriptive, strict security requirements that could be difficult to fulfill.... [R]egulated entities might not have as much time as they desire from the final rule's publication date to come into compliance -- if finalized as proposed, entities would have just 240 days."  MORE >>

Alston & Bird

[Guidance Overview]

Medicare Telehealth Claims Reimbursement and Flexibilities Face Limits During the Government Shutdown

"[On] October 21, 2025, CMS ... [directed] MACs to lift the claims hold for Medicare physician fee schedule, ground ambulance transport and federally qualified health center claims, including telehealth claims that 'CMS can confirm are definitively for behavioral and mental health services.' ... CMS directed MACs to continue to temporarily hold claims for nonbehavioral and mental health services telehealth claims and for acute hospital care at home claims."  MORE >>

Duane Morris LLP

[Guidance Overview]

Employer To-Do List for Minnesota's New Paid Leave Program

"All Minnesota employers that are currently set up through Minnesota Unemployment Insurance will default to the Minnesota plan if no action is taken.... By Dec. 1, 2025, employers must provide employees with notice of Minnesota Paid Leave. Employers are required to both hang a Paid Leave poster and inform employees individually. "  MORE >>

Taft Stettinius and Hollister LLP

[Guidance Overview]

California Expands Employee Leave Protections for Victims of Crime

"Effective immediately, paid sick leave now covers jury service and court appearances as a witness. Effective January 1, 2026, paid and unpaid leave rights extend to victims and family members attending judicial proceedings for serious crimes. Employers should provide written notice to each employee of the changes set forth in Labor Code section 230 using the form developed by the Labor Commissioner."  MORE >>

Payne & Fears LLP

District Court: ERISA Does Not Require Retroactive Reimbursement of Wellness Program Tobacco Surcharges

"[This] decision departs from recent district court rulings that have been more receptive to participants' challenges to wellness-program surcharges ... Those courts deferred to the [DOL's] interpretation requiring retroactive reimbursement. The Rhode Island court, by contrast, rejected such deference under the anti-parroting doctrine and sided with employers. The case underscores the growing judicial split over how far ERISA's wellness-program rules extend and whether agency interpretations in preambles are binding." [Williams v. Bally's Management Group, LLC, No. 25-00147 (D.R.I. Nov. 4, 2025)  MORE >>

Roberts Disability Law

The Questions Benefits Consultants Should Be Asking

"[B]etter questions can unlock better results -- for employers, employees, and consultants alike. [1] Understanding the real drivers of cost ... [2] Rethinking navigation and employee experience ... [3] Evaluating ROI and value ... [4] Strengthening the employer -- consultant partnership ... [5] Future-proofing your benefits strategy."  MORE >>

Summus

Employers Can Champion Employee Wellbeing During Disasters

"By recognizing the multifaceted challenges posed by disasters and implementing strategies to mitigate their impact, you can alleviate workplace stress, strengthen employee engagement and foster a workplace culture that prioritizes well-being and resilience.... Establish a comprehensive communication plan ... Elevate mental health benefits and resources ... Leverage insurance carrier support ... [Establish] a template of disaster-specific policies and resources."  MORE >>

Corporate Synergies

Employee Benefits Jobs

💼

Plan Consultant

BPAS

Utica NY / PA / Hybrid

View job as Plan Consultant for BPAS

💼

Plan Consultant

BPAS

Remote / Utica NY / Hybrid

View job as Plan Consultant for BPAS

💼

Regional Vice President, Retirement Plan Sales

Trinity Pension Consultants

Remote / Akron OH

View job as Regional Vice President, Retirement Plan Sales for Trinity Pension Consultants

Press Releases

Kantor & Kantor Named 2025 'Top Boutique Law Firm' by the Daily Journal

Kantor & Kantor LLP

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Fiduciary Liability in Focus: Legal and Insurance Insights for Business and Nonprofit Leaders

November 19, 2025 WEBINAR

HUB International and Nixon Peabody

ACA Primer for Group Health Plans

December 9, 2025 WEBINAR

UBA [United Benefit Advisors]

ERISA Reporting and Disclosure Requirements: Zavislak v. Netflix Inc.; Statutory Exclusions, Exemptions

January 6, 2026 WEBINAR

BARBRI

Last Issue's Most Popular Items

FSA-HRA-QSEHRA-ICHRA-EBHRA-HSA — Oh My! (2026 Edition)

Kushner & Company

2026 PCORI Fee Amounts Announced

AssuredPartners

Departments Issue FAQs on Fertility Benefits

WTW

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

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