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Health & Welfare Plans Newsletter

December 8, 2025

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💼  2 New Job Opportunities

 

[Official Guidance]

Instructions for 2025 IRS Form 8889: Health Savings Accounts (HSAs) (PDF)

"What's New: P.L. 119-21, July 4, 2025, amended Code section 223 to provide that: [1] An HSA eligible individual may have disregarded coverage (besides the HDHP) for telehealth and other remote care. [2] A plan will not fail to be treated as a HDHP by reason of failing to have a deductible for telehealth and other remote care services. The amendments apply to plan years beginning after 2024." [Also available: 2025 IRS Form 8889: Health savings Accounts]  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Draft of 2026 IRS Publication 15-B: Employer's Tax Guide to Fringe Benefits (PDF)

36 pages; Dec. 5, 2025. "What's New: [1] Cents-per-mile rule.... [2] Qualified parking exclusion and commuter transportation benefit.... [3] Contribution limit on a health flexible spending arrangement (FSA).... [4] Moving expense reimbursement.... [5] Bicycle commuting reimbursements.... [6] Artificial intelligence (AI) literacy and AI development programs.... [7] Dependent care assistance exclusion from wages.... [8] Employer payments of student loans."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Does Your Plan Have an Updated HIPAA Notice of Privacy Practices?

"Although the part of the 2024 Privacy Rule pertaining to reproductive disclosures was struck down by a Texas court, a portion of the Rule survived. The surviving portion of the regulations requires covered entities to update their HIPAA Notice of Privacy Practices to add provisions on the confidentiality of medical records relating to individuals with substance use disorders (Part 2 Rule) by February 16, 2026."  MORE >>

Arthur J. Gallagher & Co.

[Guidance Overview]

Some States Require Group Health Plan Sponsor Reporting (PDF)

"Group health plan (GHP) sponsors are subject to many state reporting requirements, which essentially fall into three categories: individual health coverage mandate reporting, health plan covered-lives assessment (CLA)/surcharge reporting and other health plan-related reporting.... ERISA arguably preempts some, but not all, state reporting requirements for GHP sponsors, but there are no current legal challenges to these mandates."  MORE >>

Mercer

Eleventh Circuit Finds Insurer's Interpretation of Pre-Existing Condition Limitation Unreasonable

"The Eleventh Circuit concluded that the insurer's interpretation overlooks the distinction between receiving medical care for symptoms that are not inconsistent with a preexisting condition and receiving medical care for the preexisting condition itself." [Johnson v. Reliance Standard Life Ins. Co., No. 23-13443 (11th Cir. Nov. 21, 2025)]  MORE >>

The Wagner Law Group

Ninth Circuit Reaffirms Broad ERISA Preemption Regardless of Concurrent ERISA Claim

"The panel's brief decision underscores that the Court's 2024 decision in Bristol Holdings applies broadly to state-law causes of action arising from pre-service verification-of-benefits and authorization communications, even where a provider also pleads an alternative ERISA benefits claim pursuant to an assignment of benefits from the member.  ... [T]he disposition is a clear, persuasive affirmation of Bristol's reach." [Dedicato Treatment Center, Inc. v. Aetna Life Ins. Co., No. 26-6487 (9th Cir. Nov. 24, 2025; unpub.)]  MORE >>

Troutman Pepper Locke

Ninth Circuit Holds ERISA Preempts Provider’s State-Law Misrepresentation Claims Against Insurer

"This decision reinforces the Ninth Circuit's now-settled view post-Bristol: state-law misrepresentation and estoppel theories aimed at securing ERISA plan benefits are preempted, particularly when based on preauthorization or verification calls. Providers seeking payment disputes must proceed, if at all, under ERISA's civil-enforcement framework -- not state-law theories of reliance or oral promises." [Healthcare Ally Mgmt. of Calif., LLC v. United Healthcare Services, Inc., No. 24-5178 (9th Cir. Dec. 4, 2025; unpub.)]  MORE >>

Roberts Disability Law

Common Mistakes to Avoid When Hiring an Employee Benefits Broker

"The right partner can help you control healthcare costs, support employees year-round, and reduce compliance risk. The wrong broker can create frustration, extra administrative work, and financial exposure. This guide explains what an employee benefits broker does, the most common mistakes employers make, and a practical checklist you can use to choose the right partner."  MORE >>

Nava

Employer Health and Benefits Strategy Survey, 2026 Edition (PDF)

"Analysis of the results highlights a benefits landscape shaped by rising costs, evolving workforce needs and a growing emphasis on innovation and sustainability. Finding themselves in this landscape, employers re-emphasized controlling costs for both employee and employer by moving it to the top of their strategic priorities. Attracting and retaining a healthy and engaged workforce, the top priority in last year's survey, dropped to number three "  MORE >>

Brown & Brown, Inc.

The Effect of Paid Sick Leave Mandates on Individuals with Disabilities: Evidence from Social Security Disability Claims

"This study is the first to explore the effects of PSL adoption on participation in the Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) programs, as well as the health of persons with disabilities. We find that statewide PSLs are associated with a 6-9 percent increase in initial claims for SSI and joint SSI/SSDI benefits. These applications translate to an increase in beneficiaries, strongest among children under age 18."  MORE >>

National Bureau of Economic Research [NBER]

Employee Benefits Jobs

💼

Defined Benefit Specialist II or III

Nova 401(k) Associates

Remote

View job as Defined Benefit Specialist II or III for Nova 401(k) Associates

💼

Regional Sales Consultant

The Pension Source

AL / AR / GA / KY / MS / TN / TX

View job as Regional Sales Consultant for The Pension Source

Selected New Discussions

Another Cafeteria Plan Nondiscrimination Test Conundrum

"A small employer offers only fully insured medical insurance to its employees and employees pay their share of the cost of coverage through a cafeteria plan. One (and only one) highly compensated employee is provided with additional cash compensation for opting out of the medical coverage. Does this violate the benefits portion of the cafeteria plan nondiscrimination tests? If so, what is the consequence to the one HCE?"

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Webinars, Podcasts and Conferences
(Health & Welfare Plans)

What Every HR Director Should Know About Hiring an Employee Benefits Attorney

ON-DEMAND WEBINAR

KLB Benefits Law Group

Paid Family Leave Roadmap: Staying Ahead of 2025 Changes and Preparing for 2026

December 16, 2025 WEBINAR

Seyfarth Shaw LLP

Last Issue's Most Popular Items

Health and Welfare Plan Lunch Group, December 2025 (PDF)

Alston & Bird

Post-Annual Enrollment Check-In: Correcting Election Mistakes

Arthur J. Gallagher & Co.

How and Where Can Plan Sponsors Identify 'Gag Clauses' in Contracts?

PLANSPONSOR; registration may be required

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

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