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Health & Welfare Plans Newsletter

December 9, 2025

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[Official Guidance]

Text of IRS Notice 2026-5: Expanded Availability of Health Savings Accounts Under the One, Big, Beautiful Bill Act (OBBBA) (PDF)

16 pages. "This notice provides guidance on changes relating to health savings accounts (HSAs) enacted by ... the One, Big, Beautiful Bill Act (OBBBA). These changes generally expand the availability of HSAs under section 223 of the Internal Revenue Code. This notice provides answers to common questions related to these changes."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Tools for Smarter Health Plans and Lower Costs

Dive into dynamic educational sessions packed with actionable, timely insights to help reduce costs, boost employee well-being and stay ahead of the latest trends and topics. HBCE delivers the tools you need, all at a budget-friendly price.

Sponsored by IFEBP [International Foundation of Employee Benefit Plans]

[Guidance Overview]

Colorado Adds New NICU Leave Under FAMLI: What Employers Should Know

"Starting January 1, 2026, the state is expanding its FAMLI program to support employees facing one of the most stressful early experiences of parenthood: a newborn's stay in a neonatal intensive care unit (NICU). Employees may qualify for a separate category of paid leave for NICU stays, allowing parents to spend essential time with their hospitalized newborn while preserving their full bonding leave once the child is home."  MORE >>

Foley & Lardner LLP

[Guidance Overview]

Critical Deadline for All HIPAA Covered Entities: Update Notices of Privacy Practices Related to SUD Information

"All HIPAA Covered Entities must update their Notice of Privacy Practices (NPP) by February 16, 2026, to address certain uses and disclosures of Part 2 Records. Additionally, all Part 2 programs (including those that are not HIPAA Covered Entities) must make comprehensive changes to their privacy notices by February 16, 2026, to include additional statements."  MORE >>

Polsinelli PC

[Guidance Overview]

New Year, New Dependent Care FSA Limits: Don't Forget to Amend Your Plan!

"The One Big Beautiful Bill Act allows employers to raise the dependent care FSA exclusion limit starting Jan. 1, 2026. This is the first time since 1986 and offers meaningful additional tax savings for employees. Employers must amend plan documents to implement the higher limit. Without a formal update, plans will not be able to offer the increased contribution cap in 2026. Plan amendments must be executed by Dec. 31, 2025 to adopt the new limit."  MORE >>

Polsinelli PC

ACA Employer Mandate Penalties: Litigation Update

"The court ruled that the ACA does not authorize HHS to delegate its duty to certify to an employer that an ESRP penalty is owed. As such, HHS exceeded its authority under the ACA by attempting to delegate this function ... [T]here is no nationwide injunction against the agencies regarding the current assessment process; the relief in this decision is applicable solely to this particular set of facts.... If upheld, it may require the IRS and HHS to develop a new process for imposing ESRPs." [Faulk Company, Inc. v. HHS, No. 24-0609 (N.D. Tex. Apr. 10, 2025)]   MORE >>

Sequoia

Year-End Benefits Compliance Reminders for Employers

"End of year is a great time to review and prepare for upcoming compliance deadlines related to your group health plan offerings. Here's what you need to know to prepare for a new year: [1] [ACA] ... [2] Gag clause attestation ... [3] Internet price comparison tool ... [4] Plan document updates ... [5] Nondiscrimination testing ... [6] Life insurance imputed income."  MORE >>

OneDigital

Benefits Renewal Checklist: Rethink Your HR and Benefits Approach

"Renewals expose the tension between wanting to provide competitive benefits and unpredictably a lid on rising expenses ... Before you sign off on another renewal ... [1] Conduct a cost and coverage audit ... [2] Evaluate actual usage of services ... [3] Compare alternatives -- not just price, but value ... [4] Seek transparency and flexibility ... [5] Align benefits with employee needs and retention goals."  MORE >>

OneDigital

Medicare Advantage Plan Cost Projections for Retiree Group Health Benefit Valuations (PDF)

42 pages. "[T]his practice note addresses the cost components that underlie MA plans, how such components can be combined with certain assumptions to model future MA plan costs, and where to find the data to make regular updates to an MA cost projection model. One particular goal is to provide actuaries with tools to project costs for an MA plan that currently has a zero-dollar premium."  MORE >>

American Academy of Actuaries

Dental Insurance Providers: Give Your Rate Development Process a Checkup

"It might be tempting to think that dental premium rate development is straightforward; after all, the coverage is not particularly expensive, high-cost dental claims are rare, and plan liability is often limited by dollar benefit maximums. However, the longer your dental rating manual goes without a systematic review, the more risk your organization may be assuming without realizing it. In addition, if you use the same rating process across various dental markets without informed adjustments, you run the risk of significant mispricing."  MORE >>

Milliman

Senators Introduce ACA Subsidy Plan That Leans on HSAs

"Under the bill, individuals who sign up for a bronze or catastrophic plan on the exchanges that's paired with an HSA will receive a contribution from the Centers for Medicare & Medicaid Services. For individuals making up to 700% of the federal poverty level, they will receive $1,000 if aged 18 to 49 and $1,500 if they're between the ages of 50 and 64."  MORE >>

FierceHealthcare

Health Care Cost Control to Take Center Stage in 2026

"Going into next year, 42% of employers cited health care cost control for both the organization and its employees as their No. 1 objective, moving last year's top goal, 'attracting and retaining a competitive workforce,' down to third.... [E]mployers anticipate a median 9% health care cost increase for 2026 in the U.S., which is expected to drop to only 7.6% after plan design changes. The rising-cost trend follows two consecutive years of actual health care costs exceeding employer forecasts."  MORE >>

PLANSPONSOR; registration may be required

[Opinion]

Health Policy in 2026

"First and foremost is the role that health care affordability will play in the midterms.... Second ... how enrollees actually respond in the Marketplaces.... [S]tates that have expanded Medicaid will be gearing up for Medicaid work requirements, which kick in in 2027 ... [A]fter years of moderate increases ... health costs will increase more sharply again.... [T]he Trump administration has put pressure on drug prices through a variety of initiatives.... [F]our in 10 Americans say they identify in some way with the MAHA agenda."  MORE >>

Henry J. Kaiser Family Foundation

Benefits in General

[Guidance Overview]

Trump Accounts Get First Round of Guidance

"[Notice 2025-68] provides Q&As addressing the various Trump account requirements, along with a number of important clarifications regarding: [1] how the accounts are established, [2] available contribution sources (including the pilot program and employer programs), [3] distribution and investment restrictions, [4] reporting requirements, [and] [5] the (in)applicability of ERISA for employer programs."  MORE >>

Groom Law Group

Advisors Weigh 'Trump Accounts' with Existing UTMA, 529 Account Options

"Beyond accepting the free $1,000 deposit from the government, advisors generally see more upside from existing UTMA (Uniform Transfers to Minors Act) accounts and 529 plans designed to fund education. Both options have higher contributions limits than Trump Accounts and come with different tax structures."  MORE >>

InvestmentNews; subscription may be required

Understanding IRMAA: How to Manage Rising Medicare Costs in 2026

"Medicare beneficiaries with Part B and/or Part D prescription drug coverage may face additional monthly surcharges known as the Income-Related Monthly Adjustment Amount (IRMAA). These surcharges ... are based on modified adjusted gross income (MAGI) from two years prior ... If you're navigating Medicare costs or planning for retirement, this overview can help you understand the impact of IRMAA and the steps you can take to effectively manage your premiums."  MORE >>

Savant

Employee Benefits Jobs

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Press Releases

IRI Announces 2025 Federal Champion of Retirement Security Award Recipients

Insured Retirement Institute [IRI]

IMA Financial Group Appoints Industry Veteran Josie Martinez as Boston Market Leader

IMA Financial Group

Independent Actuarial Review Validates Goodpath Claims Analysis, Showing 32 Percent Reduction in Employer Medical Costs

Goodpath

Vestwell to Acquire Accrue 401k, Becoming the New Home for Nearly 30,000 Guideline Retirement Plans

Vestwell

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Trump Accounts – The Big, Beautiful Announcement

ON-DEMAND WEBINAR

Groom Law Group

Last Issue's Most Popular Items

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

Internal Revenue Service [IRS]

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

Arthur J. Gallagher & Co.

Some States Require Group Health Plan Sponsor Reporting (PDF)

Mercer

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

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