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Health & Welfare Plans Newsletter
December 11, 2025
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[Official Guidance]
Text of CMS ICHRA Employer LCSP Premium Look-Up Table for 2026 Plan Year
"To help employers determine whether an ICHRA offer is considered affordable for purposes of validating they are making affordable offers of coverage to their employees and avoiding the employer responsibility payment, CMS is publishing the ICHRA Employer LCSP Premium Look-up
Table [XLSM]. The table allows users in states participating in the Federally-facilitated Exchange (FFEs) and State-based Exchanges on the Federal
Platform (SBE-FPs) to access individual market Qualified Health Plans (QHP) lowest cost silver plan (LCSP) data by geographic location." [Also available: Plan Year 2026 ICHRA Employer Lowest Cost Silver Plan Premium Look-up Table Data Dictionary (PDF)] MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Official Guidance]
Text of IRS Publication 5258: Composition and Reference Guide for ACA Information Returns Submission, Processing Year 2026 (PDF)
160 pages; Dec. 2025. "This document covers details on composing and submitting Forms 1094/1095-B and Forms 1094/1095-C by
transmitters to IRS. The scope of the document addresses the A2A-application based via SOAP messages exchanged between client and exposed Web Service endpoints and the Web UI-browser-based requiring human initiation." MORE >>
Internal Revenue Service [IRS]
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[Official Guidance]
Text of IRS Publication 5223: General Rules and Specifications for ACA Substitute Forms 1095-A, 1094-B, 1095-B, 1094-C, and 1095-C (PDF)
18 pages; Rev. Nov. 2025. "The purpose of this publication is to set forth the tax year 2025 requirements for: [1] Using official [IRS] forms to file information returns with the IRS, [2] Preparing acceptable substitutes of the official IRS forms to file information
returns with the IRS, and [3] Using official or acceptable substitute forms to furnish information to recipients." MORE >>
Internal Revenue Service [IRS]
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[Official Guidance]
Text of IRS Pub. 5165: Guide for Electronically Filing ACA Information Returns for Software Developers and Transmitters, Processing Year 2026 (PDF)
101 pages; rev. Dec. 2025. "[This publication] outlines the communication procedures, transmission formats, business rules and validation procedures for information returns transmitted electronically through the AIR System.... The procedures in this publication should be
used when the following information returns are transmitted electronically for [Tax Years 2015 through 2025] in PY2026: [1] Form 1094-B ... [2] Form 1095-B ... [3] Form 1094-C
... [4] Form 1095-C[.]" MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
IRS Relief Alleviates Some, But Not All, ACA Reporting Issues
"IRS guidance permits employers to post a website notice of availability of Forms 1095-B and 1095-C with respect to those
ACA forms rather than distribute the forms to every individual. But some states now have their own reporting requirements that may still require the ACA forms or similar state-issued forms to be automatically provided to individuals." MORE >>
Ballard Spahr LLP
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District Court Partially Rejects Exhaustion Defense in ERISA Fiduciary-Breach Case
"Because exhaustion is not required for a true fiduciary-duty claim, the court concluded that Bechtel was not obligated to pursue a second plan appeal. It therefore denied Wexford's motion as to the Section 1132(a)(3) claim. The court granted summary judgment to Wexford on the Section 1132(a)(1)(B) denial-of-benefits claim and denied summary judgment on the Section 1132(a)(3) fiduciary-breach claim." [Bechtel v. Wexford Health
Sources Inc., No. 25-8006 (D. Ariz. Dec. 10, 2025)] MORE >>
Roberts Disability Law
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Connecticut Supreme Court Says HSAs Are Not Retiree Coverage
"The Connecticut Supreme Court reversed a lower court and held that the Town of Groton is not required to extend employer health savings account (HSA) contributions to retired police officers.... [R]etirees argued that a 2008 pension agreement promising the 'nature and scope
of coverages, including but not limited to deductibles' in effect for active officers entitled them to the same HSA contributions the town provides to active officers under a later collective bargaining agreement." [Duso v. Groton, No. SC 21082 (Conn. Dec. 9,
2025)] MORE >>
Human Resources Director
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Preventive Care Explained: 29 Things Your Health Plan Covers for Free
"Preventive care is one of the most valuable yet misunderstood benefits employees have access to. This guide breaks down what preventive care really includes, what's free under most health plans, and why early detection matters for both employee well-being and employer costs.
HR leaders play a critical role in helping employees use these benefits confidently, reducing confusion, strengthening trust, and improving overall health outcomes." MORE >>
Nava
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Consumers Challenged by Increasing Complexity of Health Plan Prescription Drug Formularies
"Health plan prescription drug formularies continue to increase in complexity, and changes to those formularies are especially challenging for consumers to navigate.... Formularies are divided into anywhere from four to six tiers to manage costs and encourage the use of
clinically effective, lower-cost medications. Each tier corresponds to a different level of cost-sharing for the patient. The lower the tier, the less the patient pays out of pocket." MORE >>
InsuranceNewsNet.com
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Oregon's First-In-Nation Hospital Price Cap Hasn't Hurt Care or Finances
"A study led by Brown University researchers found that Oregon's cap on hospital prices for its public employees, established by 2017 legislation that limits payments to 200% of Medicare rates for in-network services and 185% for out-of-network, has so far produced little
disruption in hospital finances or the quality of patient care." MORE >>
The Oregonian
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Comparing For-Profit and Not-For-Profit Health Insurers: How Capital and Surplus Are Managed
"Generally, for-profit health insurers operate in their local jurisdiction with a lower capital and surplus level, reporting lower RBC ratios, while their increased leverage leads to higher returns on equity. This management approach usually entails larger and more frequent
contributions of capital to the insurer by its ultimate owners, as well as more frequent dividends being paid out by the insurer. In contrast, nonprofit or not-for-profit insurers have less access to outside capital and therefore must effectively manage business requirements and risk by holding more capital and surplus on their own balance sheet." MORE >>
Milliman
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Open Enrollment Snapshot: Americans Are Generally Pleased with Their Health Insurance Options for 2026
"77% of Americans who have reviewed their 2026 plan choices felt good about their coverage options, with the highest satisfaction among Medicare beneficiaries (86%) and people with employer-sponsored plans (81%). 57% of Americans enrolled in ACA plans remain hopeful that enhanced
subsidies will be extended by Congress. 51% of Americans who have reviewed their coverage options were surprised by the high cost of monthly premiums, including 79% of ACA enrollees." MORE >>
eHealth
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Benefits in General |
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[Guidance Overview]
IRS Guidance on Trump Accounts Addresses Cafeteria Plans and Employer Contributions, Announces Regs on the Way
"Employers interested in offering a [Trump Account Contribution Program (TACP)] benefit now have scaffolding upon which to start building out their programs. For example, employers will want to consider whether to allow funding through cafeteria plan salary reductions, as well as
the processes for tracking contributions and communicating the new benefit to employees. Meanwhile, the federal government has established a new website with information about TAs and has issued drafts of IRS Form 4547 (Trump Account Election(s)) and related instructions." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
Summary of 2026 Benefit-Related Cost-of-Living Adjustments (PDF)
25 pages. "This GRIST details the 2026 COLAs for retirement, health and fringe benefit plans, as well as Medicare and Social Security. Although IRS has not issued 2026 covered compensation tables for retirement plans, Mercer has projected those amounts." MORE >>
Mercer
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AI in HR Benefits: A Framework for Use Cases (PDF)
14 pages. "The AI in HR benefits ecosystem includes developers, deployers, HR professionals, and compliance experts, all of whom impact how AI tools are built and used responsibly. The report distills AI-driven HR benefits use cases into a three-factor framework -- each
functioning as a dial, adjustable to the specific application and context. [1] Core Employee Lifecycle Stages ('when'); [2] Key Benefit Categories ('what'); [3] Users and Roles ('who')." MORE >>
The ERISA Industry Committee [ERIC]
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Last Issue's Most Popular Items |
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IRS HSA Guidance Answers Some Questions But Raises Others
Groom Law Group
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CMS Moves to Eliminate Long-Standing Medicare Part D Creditable Coverage Reporting Requirement for HRAs
Groom Law Group
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Text of CMS FAQs on Usage of Funds in Section 1303 Segregated Accounts by Qualified Health Plan (QHP) Issuers in the Individual Market (PDF)
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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