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Health & Welfare Plans Newsletter

December 15, 2025

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[Guidance Overview]

Cafeteria Plans & Subsidy Changes: Employer Guidance for 2025

"As subsidies shrink or disappear, many people are seeing their exchange premiums increase dramatically ... The cafeteria plan rules do allow for election changes if an employee (or spouse or eligible dependent) who is currently enrolled in employer sponsored coverage seeks to change their election in order to enroll in exchange coverage. This, however, is a one-way street ... It does not allow individuals to move from exchange coverage onto group plans."  MORE >>

HUB International

[Sponsor]

Season's Savings on Benefits Education

Save 25% through the entire month of December! Enroll in any of the online courses and you’ll have instant access to interactive, self-paced online training. E-learning courses are the online training solution that fits into your busy schedule.

Sponsored by IFEBP [International Foundation of Employee Benefit Plans]

[Guidance Overview]

IRS Posts Rules for HSAs in ACA Bronze, Catastrophic Plans

"[Notice 2026-5] affirmed a permanent safe harbor provision allowing HSA holders to receive telehealth and other remote care services before meeting their deductible, while remaining eligible to contribute to an HSA, effective for plan years beginning on or after January 1, 2025. The notice also clarified that, as of January 1, 2026, bronze and catastrophic plans available through a health care exchange are considered HSA-compatible, regardless of whether the plans satisfy the general definition of a high-deductible health plan. The plans do not have to be purchased through an exchange to qualify for the relief."  MORE >>

PLANADVISER

[Guidance Overview]

Year-End Tax Challenges for Benefits While on Leave

"[It] is important to understand the tax issues affected by your administration of group health plan benefits for employees on leave, particularly for leaves that cross calendar years. If you provide group health benefits and an employee takes approved leave, it is likely that such employee has benefit continuation rights under federal or state law.... Employers have options for collecting premium payments, and each option comes with its own advantages and risks.... IRS guidance has made it clear that an employee cannot make pre-tax payments for premium payments for benefits to be received in a subsequent tax year."  MORE >>

Bricker Graydon

District Court Dismisses Life Insurer After Finding No ERISA Plan and No Plan Administrator Liability

"The court found no evidence that any employer created, sponsored, or administered an ERISA plan. Instead, the record showed four individual life insurance policies purchased by individuals associated with a business, each naming the business as beneficiary. Under either version of ownership advanced by the plaintiff -- sole ownership or equal co-ownership -- the arrangement failed to satisfy ERISA's requirement that an employer establish or maintain a plan for the purpose of providing benefits to employees." [Aikens v. Colonial Life & Accident Ins. Co., No. 24-0580 (W.D. La. Dec. 11, 2025)]  MORE >>

Roberts Disability Law

Legal Issues in Value-Based Care Contracts for Self-Insured Employers

"Implementing a value-based contract that ties payments to quality metrics or population health outcomes creates several fiduciary questions. Does shifting risk to a provider expose plan participants to narrower networks or limited access that may conflict with fiduciary obligations? How should fiduciaries evaluate whether the incentive structures truly benefit plan participants rather than merely reduce employer costs? ... Using standardized CMS data sets minimizes ambiguity and improves objective benchmarking. From a legal point of view, incorporating CMS data sets requires careful implementation. "  MORE >>

American Journal of Managed Care

The Role of Insurers in Health Care Spending and Production: Evidence from Utah

"Private health insurers play a central role in determining the cost and quantity of health care in the United States. Despite this centrality, there has been limited empirical work studying how insurers differentially affect spending and consumption, especially for expensive and pervasive chronic conditions. [The authors] use hundreds of natural experiments involving employers switching their primary health insurer, together with a movers design, to estimate these causal effects."  MORE >>

National Bureau of Economic Research [NBER]

Workplace Life Insurance Sales Show Strong Growth in Third Quarter 2025

"For the second consecutive quarter, workplace life insurance premium rose year over year, overcoming a shaky start in the first quarter. In the third quarter of 2025, workplace life insurance new premium increased 9% to $691 million. In the first nine months of 2025, workplace life insurance new premium was $3.38 billion, down just 3% from last year's results. Despite the decline, a majority of carriers reported gains,with the top 10 companies generating 64% of the sales."  MORE >>

LIMRA

Employee Benefits Jobs

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Client Relationship Manager – 401(k) TPA Services

401kinabox

Remote / Frederick MD

View job as Client Relationship Manager – 401(k) TPA Services for 401kinabox

Selected New Discussions

Self Funded Health Plan / Surplus Assets

"I understand that surplus assets in a self-funded plan my be used in various ways to cover/lower future costs for participants and cannot be used across different 'welfare plans' that cover different employees. I understand that EE contributions will be ERISA 'plan assets' and ER contributions may or may not be plan assets depending whether held in trust or general assets of the ER. I understand that ERISA plan assets are subject to the exclusive benefit rule and must be used to benefit participants. What I need clarity on is how it is determined that a single plan exists under ERISA for this purpose. Say you have MEC plan (or MEC + Plan) plus insured dental and vision plans that cover the same group of employees if they so elect. What makes it a single plan whereby any surplus plan assets can be used across all programs? Is is simply the terms of the plan document and the trust agreement that ties them together -- just like a Wrap Plan that creates a single plan for 5500 purposes. Or am I am missing something?"

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Last Issue's Most Popular Items

IRS Issues Guidance on HSA-Related OBBBA Changes (PDF)

Thomson Reuters / EBIA

Permanent, Improved Tax Credit for Paid Family and Medical Leave (PDF)

Mercer

Does Hiring a Business Associate to Conduct Electronic Health Plan Transactions Absolve a Health Plan of HIPAA Liability? (PDF)

Thomson Reuters / EBIA

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

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