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Health & Welfare Plans Newsletter
December 3, 2025
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💼 5 New Job Opportunities
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[Guidance Overview]
Federal Agencies Clarify Pathways for Fertility Benefits Offered by Employers
"[FAQs Part 72]
describe three pathways for employers to offer fertility benefits as excepted benefits under existing guidance: [1] independent, non-coordinated insurance policies covering fertility benefits; [2] excepted benefit HRAs reimbursing out-of-pocket costs for fertility benefits; and [3] EAPs providing non-medical services related to fertility care." MORE >>
Gould & Ratner
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[Guidance Overview]
California Legislative Updates for Group Health Plan Sponsors
"AB 260, effective September 26, 2025, requires California regulated health plans with prescription drug benefits to
cover mifepristone even when [FDA] labeling or federal risk evaluation strategies would otherwise limit its use.... AB 144 requires California regulated health plans to cover preventive services without
cost-sharing or prior authorization ... as [federal] recommendations existed on January 1, 2025.... California is 'locking in' the federal and professional standards that were in place on that date, regardless of any future changes or litigation at the federal level.... SB 41, effective January 1, 2026 ... bans spread pricing and requires PBMs to use pass-through pricing models so plans pay pharmacies what PBMs reimburse them, plus a transparent administrative fee." MORE >>
Sequoia
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[Guidance Overview]
Count-Down to Minnesota's Paid Leave Law Launch: What to Know and Do Now
"Minnesota's paid leave program goes into effect January 1, 2026 ... Employers who have not yet done so should: [1] Provide notice to employees. [2] Consider whether to adopt an equivalent plan. [3] Review their other policies to ensure alignment with
the new state program." MORE >>
Stoel Rives LLP
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[Guidance Overview]
Employer's Guide to Minnesota's New Paid Leave Law
"Beginning on January 1, 2026, Minnesota's new Paid Leave Law (PLL) will require nearly all employers to provide up to 20 weeks of paid family and medical leave through a new statewide program. The change introduces new payroll contributions, compliance obligations, and
employee protections.... The law applies to employers with one employee working in Minnesota, regardless of the size." MORE >>
Gordon Rees Scully Mansukhani, LLP
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Sixth Circuit Holds ERISA Completely Preempts State-Law Claims Challenging Insurer's Reimbursement Practices
"Although the plaintiff pleaded only state-law claims -- including fraud, negligent misrepresentation, conversion, unjust enrichment, and civil conspiracy -- the court held that ERISA's 'extraordinary pre-emptive power' converted those claims into federal
claims under ERISA Section 502(a). Because the plaintiff already had a parallel ERISA action pending over the same conduct, the court allowed dismissal of the duplicative suit." [Patterson v. UnitedHealth Group, Inc., No. 25-3175 (6th Cir.
Dec. 2, 2025)] MORE >>
Roberts Disability Law
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Tobacco Surcharge Litigation Update
"Dozens of class action lawsuits have been filed challenging these programs. Several cases have been settled, but the majority are continuing to work their way through the courts. The cases often raise similar issues: I[1] Meaning of 'full reward' ...
[2] Time to complete 'reasonable alternative standard' ... [3] Notice of alternative standard ... [4] Breach of fiduciary duty." MORE >>
Ice Miller LLP
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Life Insurance Wellness Programs: A Trend for Insurers
"Interactive wellness programs, which can facilitate health risk assessment and increased digital engagement from policyowners, are potentially an emerging trend among U.S. life insurers. While John Hancock Vitality has stood as the preeminent wellness offering in the life
insurance space since 2015, more recently launched programs indicate that other top life insurers are noticing the value created by this level of digital engagement with policyowners." MORE >>
Corporate Insight
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Lessons from ACA: Simplifying Choices to Optimize Health Coverage
"While gains were made in structuring individual market health plan choices in the ACA, additional standards for plan design, marketing, and enrollment could improve consumer satisfaction and health care affordability. However, progress toward these goals could be undermined by
future administrative or congressional changes, such as allowing alternative plan types or rolling back regulations that promote standardization." MORE >>
The Commonwealth Fund
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GAO Report: Preliminary Results from Ongoing Review Suggest Fraud Risks in the Advance Premium Tax Credit Persist
"Preliminary results from GAO's ongoing covert testing suggest fraud risks in the advance premium tax credit (APTC) persist.... GAO's preliminary analyses identified over 29,000 SSNs in plan year 2023 and nearly 68,000 SSNs in plan year 2024 used to receive more than one
year's worth of insurance coverage with APTC in a single plan year. ... GAO's preliminary analyses also identified at least 30,000 applications in plan year 2023 and at least 160,000 applications in plan year 2024 that had likely unauthorized changes by agents or brokers." [GAO-26-108742 Dec. 3, 2025] MORE >>
U.S. Government Accountability Office [GAO]
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Benefits in General |
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[Guidance Overview]
Treasury Unveils Preliminary Details About Trump Accounts
"A website for Trump accounts has been created, and additional information on how to sign up will be released on Dec. 17.
At least a few details will need to be sorted out, including eligible custodians, acceptable investment strategies, the status of foreign securities in pooled vehicles, and enforcing the prohibition on early withdrawals, among other issues." MORE >>
American Retirement Association [ARA]
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[Guidance Overview]
Salary Deferrals to Trump Accounts: IRS Issues Preliminary Guidance
"Notice 2025-68 provides the first round
of helpful guidance for IRA providers interested in maintaining these accounts, and employers interested in funding these accounts for their employees.... Most notable is the confirmation that parents can make pre-tax salary deductions (up to $2,500, indexed) through a cafeteria plan to contribute to their child's Trump account. Of course, employers can also simply elect to contribute up to $2,500 (indexed) tax-free to the Trump accounts
of their employees under age 18 or to the accounts of their employees' dependents under age 18." MORE >>
Groom Law Group
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Employee Benefits Jobs
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Selected New Discussions |
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Spouse Added HSA, I Had FSA But Was Laid Off, How to Fix?
"During last year's open enrollment for the current year (2025), I enrolled in a PPO plan with my employer and elected an FSA with a contribution of $1,100. I was the only one covered under that plan. At the same time, my wife enrolled in an HDHP through her employer, covered
herself and our daughter, and opened an HSA. We didn't realize then that an FSA and HSA can't coexist between spouses. I was laid off in mid-January. My employer had already opened the FSA and deposited the full $1,100, even though only $43 was deducted from my paycheck. I didn't learn about the account until recently when I contacted the custodian to close an old HSA. After I lost my job in January 2025, I moved to my
wife's HDHP, and she increased her HSA contributions with the goal of reaching the family limit of $8,550.... [S]he has now asked her HR team to stop contributions for December. With that context, I'm hoping you can help confirm a few points: - Since I lost my job in mid-January but had an active FSA at that time, were my wife's HSA contributions still allowed for the rest of the year?
- If partial-year
eligibility applies, is the maximum HSA contribution prorated to 11 months, meaning 11/12 of $8,550 ($7,837.50)?
- I haven't used any of the $1,100 in the FSA. The FSA provider shows the account as active and says I can still use the funds. Is that correct?'
BenefitsLink® Message Boards
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Press Releases |
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Vanguard Launches Target Retirement Lifetime Income Trusts
Vanguard
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Health Plan 2025 Experience Benchmark & Survey
ON-DEMAND WEBINAR
Corporate Insight
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2025 ERISA Litigation: What You Need to Know
WEBINAR
Faegre Drinker
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Staying Afloat in the 'Bermuda Triangle': Insights on FMLA, ADA, and Workers' Compensation
WEBINAR
Amundsen Davis
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ERISA Reporting and Disclosure Requirements: Zavislak v. Netflix Inc.; Statutory Exclusions, Exemptions
WEBINAR
BARBRI
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Last Issue's Most Popular Items |
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Health & Welfare Benefits Update: 2025 Year-End Roundup
Alston & Bird
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Don’t Forget: ACA Reporting Is Required for ICHRA Plans
Ameriflex
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Ninth Circuit Orders Trial Court to Reconsider Ruling That TPA Violated ACA Section 1557 by Administering Gender-Affirming Care Exclusions (PDF)
Thomson Reuters / EBIA
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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