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Health & Welfare Plans Newsletter
December 29, 2025
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💼 2 New Job Opportunities
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[Guidance Overview]
IRS Guidance Clarifies New HSA Rules Under the One Big Beautiful Bill
"[T]he new guidance [1] clarifies that the safe harbor does not extend to in-person services, medical equipment, or drugs furnished in connection with telehealth or other remote care services.... [2] clarifies how Direct Primary Care Service Arrangements (DPCSAs)
interact with HSAs.... [3] provides that beginning January 1, 2026, bronze and catastrophic health plans, including those obtained through a health insurance exchange, will be treated as HSA-compatible, even if they don't meet the traditional high-deductible requirements." MORE >>
Bricker Graydon
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[Guidance Overview]
Administration Releases Proposed Medicare International Drug Reference Pricing Models
"[CMS] proposed two models aiming to implement international reference pricing approaches for drugs under Medicare ... As proposed, both models would be mandatory for any drug manufacturer wishing to participate in Medicare. Both would assess rebates for certain single-source
drugs and biological products 'if the prices exceed those paid in economically comparable countries.' The models share a number of conceptual and design features, but operational differences between Part B and Part D do play out in the models' design." MORE >>
Health Affairs Forefront
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[Guidance Overview]
What to Know About Minnesota Paid Family Medical Leave as It Takes Effect in the New Year
"[Minnesota's] highly anticipated Paid Family Medical Leave fully launches on Jan. 1, with applications already live for those who welcomed a child in 2025.The program offers up to 12 weeks for both medical and family leave -- with a total limit of 20
weeks a year. Over 5,000 Minnesotans have already submitted applications for leave to bond with children welcomed in 2025 after applications opened in December, according to Gov. Tim Walz's office." MORE >>
INFORUM; subscription may be required
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District Court Enforces AD&D Policy's 365-Day Loss Requirement, Dismissing ERISA Denial-of-Benefits Claim
"Although the plaintiff alleged that an accident in 2019 ultimately caused permanent blindness in one eye in 2023, the court held that the policy unambiguously required the physical loss to occur within 365 days of the accident. Because more than four years separated the alleged
accident and the loss of vision, the court ruled that the plaintiff could not state a cognizable claim for benefits under ERISA Section 502(a)(1)(B) and granted MetLife's motion to dismiss." [Camardelle v. Metropolitan Life Ins. Co., No. 25-1382 (E.D. La. Dec. 19, 2025)] MORE >>
Roberts Disability Law
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Air Ambulance Providers Petition Supreme Court to Review Fifth Circuit's No Surprises Act and ERISA Standing Decision
"[T]wo air ambulance providers ... have filed a petition for writ of certiorari with the U.S. Supreme Court ... The petition asks the Court to decide a key question that has divided federal courts across the country: whether the NSA permits providers to bring private
causes of action to enforce IDR awards in court. Should the Supreme Court grant cert, the outcome of the case could have broad implications for the enforceability of NSA arbitration awards, a key feature of the NSA's regulatory framework." [Guardian Flight, L.L.C. and Med-Trans
Corp. v. Health Care Serv. Corp., No. 24-10561 (5th Cir. June 12, 2025; cert. pet. filed Oct. 8, 2025, No. 25-441)] MORE >>
Proskauer
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[Opinion]
Why We Can't Grow Our Way Out of the Medicare-Driven Debt Crisis
"For economic growth to meaningfully improve America's long-term fiscal outlook, Medicare spending would need to grow more slowly than GDP. But under the program's current structure, it will continue to grow faster than GDP for the foreseeable future. Every pathway
through which growth occurs -- innovation, longer lives, cost disease -- feeds directly into higher Medicare spending. The conclusion is inescapable: we cannot grow our way out of the Medicare-driven debt crisis without reforming Medicare itself." MORE >>
Cato Institute
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Employee Benefits Jobs
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Selected New Discussions |
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COBRA Subsidy
"My employer has done quite a few layoffs this year and has offered those former employees COBRA subsidies as part of their severance agreement. My question is: if an employee is offered a COBRA Subsidy for a certain number of months, but does not actually elect COBRA, does that
amount still need to be reported on their w2 for informational purposes? Or does it only need to be included if they elect COBRA?"
BenefitsLink® Message Boards
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Press Releases |
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Jerry Schlichter Named to Missouri Lawyers Weekly’s 2025 Power 100 List
Schlichter Bogard
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Seekr and Stephano Slack Partner to Build AI Agents for Financial Auditing and Advisory Services, Reducing 401(k) Auditing Time by 90%
Seekr
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Last Issue's Most Popular Items |
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Schlichter Bogard Unleashes a New ERISA Suit Genre
American Retirement Association [ARA]
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Johnson and Johnson (Again) Beats Back Allegations of Fiduciary Breach Regarding Prescription Drug Program
Trucker Huss
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Text of 2026 IRS Publication 15-B: Employer's Tax Guide to Fringe Benefits, for Use in 2026 (PDF)
Internal Revenue Service [IRS]
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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