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Health & Welfare Plans Newsletter

December 31, 2025

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[Guidance Overview]

Alaska Eliminates TPA Licensing Exemptions, Expanding Licensing Requirements

"The new amendments to the TPA laws require a TPA doing business in Alaska to now be licensed in Alaska unless they fall within a few, narrow remaining exemptions, such as exclusively providing services to ERISA plans or employees of an insurer acting within the scope of the insurer's license."  MORE >>

Polsinelli PC

[Sponsor]

BenefitsLink wishes you a Happy New Year!

The daily BenefitsLink Health & Welfare Plans Newsletter will resume on Monday, January 5, 2026.

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Is an Employee on FMLA Leave Untouchable? Second Circuit Says Certain Facts Can Support Termination

"The appellate court found that Haran's FMLA retaliation claim failed because 'any reasonable jury would be required to find that OBS terminated her based on her job performance, not her request for or decision to take leave.' ... [1] Make sure managers know to contact HR when employees request time off for medical reasons.... [2] Make sure performance reviews are clear and complete.... [3] If you misstate something (or it is misunderstood), correct it in real time." [Haran v. Orange Business Services, No. 24-2312 (2d Cir. Nov. 25, 2025)]  MORE >>

Bradley

Weight-Loss Drug Suits Test Health Insurer Coverage Decisions

"A series of class actions over the exclusion of coverage for GLP-1 weight loss drugs is testing several legal strategies against how health insurance plans decide which drugs to cover and why.... The lawsuits highlight the broadening dilemma that insurers and employers face in deciding whether to cover the blockbuster shots, as their popularity surges and lower cash prices come available to consumers outside of health plans."  MORE >>

Bloomberg Law

Are Severance Payments Wages Under Colorado Law?

"What truly distinguishes severance pay is not its purpose, but its trigger: termination. The court adopted a straightforward definition used in prior Colorado cases: severance pay is 'payment by an employer to its employee beyond the employee's wages upon termination of the employment relationship.' " [Sommers v. MarketPlace Realty, LLC, No. 24CA2155 (Colo. App. Dec. 24, 2025)]  MORE >>

Clark Hill PLC via JDSupra

PBM Fiduciary Bill Arrives with Bipartisan Support

"[The] PBM Fiduciary, Accountability, Integrity and Reform Act, or PBM FAIR Act [S 3549], would add a PBM fiduciary section to ERISA section 3(21) ... The bill would also add a section to ERISA that would require PBMs and health plans' 'third party administrators' to give an employer plan sponsor or other 'responsible plan fiduciary' detailed compensation disclosures."  MORE >>

BenefitsPro; registration may be required

Minnesota's New Paid Leave Program Set to Go Live Jan. 1

"Business leaders have repeatedly sought to roll back the law, saying it puts an undue burden on employers. Many of those employers, particularly small businesses, have struggled to understand and implement the new benefit by the Jan. 1 deadline.... At the same time many Minnesotans are counting on the program, which allows workers to take up to 12 weeks of family or medical leave at up to 90% pay."  MORE >>

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Benefits in General

[Guidance Overview]

DOL Expands DFVCP

"The types of entities eligible for the program [have] been expanded to include multiple employer welfare arrangements (MEWAs) and Entities Claiming Exception (ECEs) seeking to file a late Form M-1.... DOL is also updating the process for the assessment of the flat rate penalty for top hat and apprenticeship and training plans."  MORE >>

Ascensus

[Guidance Overview]

Year in Review and Road Ahead: Compliance for 2025 and 2026

"Group Health Plans: [1] Preventive care for 2025 and 2026 ... [2] [ACA] reporting ... [3] Mental Health Parity and Addiction Equity Act of 2008 requirements ... Retirement Plans: [1] SECURE 2.0 Act mandatory Roth catch-up contributions for high earners -- January 1, 2026 ... [2] Plan amendment deadlines."  MORE >>

Spencer Fane

Last Issue's Most Popular Items

Text of EBSA Notice: Changes to Delinquent Filer Voluntary Compliance Program

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Update Your HIPAA Notice of Privacy Practices by February 16, 2026

Holland & Hart LLP

Key Changes to HSAs and (Potentially) HRAs in 2026 and Beyond

HealthEquity

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

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