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Health & Welfare Plans Newsletter
January 16, 2026
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💼 7 New Job Opportunities
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[Guidance Overview]
From Door to Doctor: DOL Clarifies That FMLA Leave Covers Travel Time
"A new opinion letter from the [DOL] explains that employees may use leave under the [FMLA] not only to attend qualifying
medical appointments, but also for the time spent traveling to and from those appointments. Notably, employers may not require a health care provider to estimate travel time as part of an FMLA medical certification." MORE >>
Ogletree Deakins
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[Guidance Overview]
Connecticut FMLA and the Continuation of Medical Insurance: What Are the Rules?
"Unlike the Federal FMLA, the CT FMLA does not require employers to maintain an employee's group health benefits during the period an employee is on CT FMLA leave to the same extent as if the employee was still working. However, there may be other applicable laws, contractual
provisions, or policies that do require such coverage when an employee is out on CT FMLA leave, even if no other leave is being run concurrently." MORE >>
Shipman & Goodwin LLP
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Supreme Court Leaves Intact Fifth Circuit Ruling That No Private Right of Action Exists to Enforce IDR Awards
"On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit's June 2025 decision ... As a result, within the Fifth Circuit, providers cannot rely on the No Surprises Act (NSA)
itself to enforce Independent Dispute Resolution (IDR) awards in court and face a heightened standing bar for ERISA-based claims where patients are insulated from financial harm. And the persuasive effect of the Fifth Circuit's holding is bolstered nationwide." [Guardian Flight,
L.L.C. and Med-Trans Corp. v. Health Care Serv. Corp., No. 24-10561 (5th Cir. June 12, 2025; cert. pet. denied Jan. 12, 2026, No. 25-441)] MORE >>
Troutman Pepper Locke
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Health Care Price Transparency: The Role of the Plan Sponsor (PDF)
"Federal regulations implemented over the last four years require a greater degree of price transparency from hospitals, insurers and health plans. Providing participants with easy-to-use shopping tools and incentives to use them are among the strategies that may help plan
sponsors leverage transparency to lower health plan costs." MORE >>
Bolton Partners, Inc., in benefits magazine, a publication of the International Foundation of Employee Benefit Plans [IFEBP]
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Proposed Legislation Would Make PBMs ERISA Fiduciaries, Require Disclosure of Compensation
"[The PBM Fiduciary Accountability, Integrity, and Reform (FAIR) Act (S 3549)] would amend ERISA to treat [PBMs] as fiduciaries when providing services to employer-sponsored group health plans. If enacted, the legislation would impose fiduciary duties, require detailed compensation disclosures, and restrict contractual indemnification provisions that shift fiduciary risk to plans. Employers may gain increased transparency into PBM compensation structures, but should expect potential
changes to PBM contracting practices and service models." MORE >>
Jackson Lewis P.C.
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Taking Advantage of Direct-to-Consumer Prescription Drug Purchasing Programs (PDF)
"Any employer-sponsored benefit that allows participants to access DTC programs will be considered employer-provided medical care. In general, there are two primary paths to accessing DTC programs -- through integration with an EAP, telemedicine program, wellness benefit, or
general purpose health reimbursement arrangements (HRAs) or without integration with excepted benefit HRAs or EHBRAs." MORE >>
Gallagher
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Trump Takes Aim at Insurers with 'The Great Healthcare Plan'
"Trump's proposal would send the value of the now-lapsed ACA enhanced subsidies directly to consumers rather than route the tax credits through their insurer to bring down premiums.... [T]he plan aims to 'hold big insurance companies accountable' by requiring that
they post rate and coverage comparisons online in plain English, making it easier for consumers to shop for coverage. It would also require that health plans publish what percentage of their revenue is paid out to claims compared to overhead costs and profits." MORE >>
FierceHealthcare
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Employment-Based Health Insurance Remains Leading Coverage Source for Working-Age Americans
"After a near record low of 46.3% in 2023, the percentage of employers offering health benefits increased slightly to 49%. Declines have been concentrated among small employers, while large employer sponsorship has remained stable.... [W]orker eligibility for health benefits has
stayed mostly constant since 1996, ranging from 75-81%.... The percentage of the non-elderly population with employment-based health benefits was at or near 70% from 1970 to 1989." MORE >>
Employee Benefit Research Institute [EBRI]
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Chairmen Guthrie and Griffith Announce Hearing Inviting Top Health Insurance Company CEOs
"Subcommittee on Health hearing to have productive discussions with health insurance companies on the core drivers working against health care affordability -- namely onerous government interference, administrative burdens, waste, fraud, and abuse, and lack of competition
and patient choice. DATE: Thursday, January 22, 2026" MORE >>
Energy and Commerce Committee, U.S. House of Representatives
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[Opinion]
Health Care Costs 101: What's Driving Premiums Higher
"Hospital markets are increasingly dominated by a few large systems ... Consolidation increases hospital systems' market power, allowing them to demand higher prices from health plans and employers that in turn contribute directly to higher premiums.... The prices
providers charge for identical services and treatments vary wildly depending on location, ownership or provider market power.... More than 24 cents of every premium dollar goes toward prescription drug costs -- more than any other individual category." MORE >>
AHIP
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[Opinion]
A Good Idea in Trump's 'Great Healthcare Plan': Put More Drugs Over the Counter
"If the president and Congress follow through on the promise to shift more prescription drugs to pharmacies' over-the-counter sections, they will make medicines cheaper and more accessible -- but, more importantly, they will return a measure of control over health care
to patients themselves, where it belongs." MORE >>
Cato Institute
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Benefits in General |
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[Guidance Overview]
Employer Contributions to Trump Accounts
"To contribute to employees' Trump accounts starting as soon as July 4, 2026, an employer must establish a [Trump account contribution program (TACP)] ... [E]arly TACP adoption poses the risk that the final Trump account regulations, expected in 2026, will impose
new obligations on TACP design and administration. Additionally, it remains unclear whether TACPs are 'employee welfare benefit plans' under [ERISA]." MORE >>
Reinhart Boerner Van Deuren s.c.
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Proposed Legislation Would Postpone Discovery in ERISA Litigation
"The [ERISA Litigation Reform Act (HR 6084)]
would impose a stay on discovery once a defendant files a motion to dismiss under Rule 12 in any action against a plan or its fiduciaries under Section 502. The stay would be automatic unless the court finds that particularized discovery is necessary to preserve evidence or prevent undue prejudice. The bill would also impose document preservation obligations during the pendency of the stay." MORE >>
Phelps Dunbar LLP
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2025 Workplace Wellness Survey (PDF)
41 slides. "Concerns about physical, mental, and workplace well-being have climbed slightly, but financial well-being concerns have eased since 2022.... Workers reported similar satisfaction with their benefits package as in prior years, with top suggestions for improvement being
a greater employer contribution and more flexibility of benefits to choose from.... Workers were somewhat open to using AI as a tool to help with benefits, but significant shares were skeptical." MORE >>
Employee Benefit Research Institute [EBRI]
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Employee Benefits Jobs
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💼
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Actuary
The Pension Source
Remote / Stuart FL / Abilene TX / Nashville TN
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Press Releases |
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Ascensus Appoints Rob Percival as Head of ABLE Solutions
Ascensus
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Employee Benefits Year in Review
ON-DEMAND WEBINAR
Newfront
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The Future of Healthcare Policy and the Role of Employer Sponsored Insurance
January 29, 2026 in TX
Worldwide Employee Benefits Network [WEB] - Dallas Chapter
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Last Issue's Most Popular Items |
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EBSA Updates National Enforcement Projects for Employee Benefit Plans
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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President Trump Unveils The Great Healthcare Plan to Lower Costs
Executive Office of the President
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Fact Sheet: The Great Healthcare Plan
Executive Office of the President
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Copyright 2026 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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