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Health & Welfare Plans Newsletter

February 2, 2026

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[Guidance Overview]

DOL Proposed Rule Would Require Expanded PBM Compensation Transparency

"The Proposed Rule attempts to provide ... transparency by: [1] Requiring PBMs to provide written disclosures of the PBM's direct and indirect compensation ... reasonably in advance of entering into or renewing a service arrangement ... [2] Establishing audit provisions designed to ensure that plan fiduciaries can verify the accuracy of the disclosures; and [2] Providing relief for plan fiduciaries if the PBM fails to meet its disclosure obligations.... [T]he Proposed Rule would require PBMs to disclose compensation as a monetary amount (even if estimated), rather than providing formulas, which are notoriously difficult for fiduciaries to assess when evaluating reasonableness."  MORE >>

Smith, Gambrell & Russell, LLP

[Guidance Overview]

New Childhood Vaccination Guidelines: What Employers Should Know

"The new schedule reduces the number of vaccines universally recommended for children and adolescents from birth to 18 years old.... Importantly, all vaccines remain available and covered under federal requirements, meaning families should not face out-of-pocket costs for preventive immunizations."  MORE >>

Brown & Brown, Inc.

[Guidance Overview]

HHS Adjusts 2026 HIPAA, Certain ACA and MSP Monetary Penalties

"The minimum penalty for each violation of a particular HIPAA requirement or prohibition increases to $145 (up from $141) for a covered entity or business associate that did not know -- and could not have known by exercising reasonable diligence -- about the violation. For violations due to reasonable cause and not willful neglect, the minimum penalty increases to $1,461 (up from $1,424).... The calendar-year penalty cap increases to $2,190,294 (up from $2,134,831) for all violations of an identical HIPAA provision."  MORE >>

Mercer

[Guidance Overview]

ACA Penalties and What to Do When You Receive a Letter 226J (PDF)

"The IRS now gives employers 90 days to respond to Letter 226J. Prior to 2025, the IRS only gave 30 days which may likely resulted in employers scrambling to investigate the tax assessments or asking for extensions. The deadline is 90 days from the date on the Letter 226J, not from when you received it."  MORE >>

Benefitfocus

[Guidance Overview]

DOL Provides Lifeline to Unintentional MEWAs

"The penalty for failing to file a Form M-1 is almost as severe as the penalty for failing to file a Form 5500, at a rate of $1,992 per day in penalty fees.... MEWAs and Entities Claiming Exception required to file Form M-1 are now eligible to correct late filings under [DFVCP].... For self-insured plans, many states also have filing and approval requirements as well as requirements to keep a reserve with the state's Department of Insurance."  MORE >>

Bricker Graydon

[Guidance Overview]

ACA Compacts for Interstate Insurance Sales: How Much Flexibility Do They Provide? Part 2

"Peter Nelson, who leads the branch of [CMS] that oversees private health insurance and Marketplaces, has pitched an ambitious vision for how compacts could be used. CMS recently requested and received input from the National Association of Insurance Commissioners (NAIC) as a prelude to rulemaking.... [ACA Section 1333] it permits the sale of health insurance that departs from many of a state's insurance rules, But Sec. 1333 generally provides no authority to depart from federal law or provide federal funding. And it is doubtful that compact plans could share a risk pool across states."  MORE >>

Health Affairs Forefront

[Guidance Overview]

Immigration Enforcement in Minnesota: Can Employees Request Paid Leave Amid Recent Civil Unrest?

"While Minnesota’s Paid Leave statute covers certain personal safety events (e.g., domestic violence and stalking), it does not include language explicitly providing leave for fear of general civil unrest or public safety threats tied to protests or law enforcement operations."  MORE >>

Ballard Spahr LLP

[Guidance Overview]

Maine Will Launch PFML Benefits in May 2026

"Maine's paid family and medical leave (PFML) program will begin paying benefits on May 1, 2026. Employers with at least one employee in Maine began making contributions to the PFML fund in January 2025 through employee payroll deductions and employer contributions. On January 20, 2026, the Maine Paid Family and Medical Leave Benefits Authority announced that the fund was sufficiently solvent to make benefits available to 'most Mainers,' effective May 1, 2026."  MORE >>

Ogletree Deakins

New Survey Demonstrates Health Plans' Continued Commitment To...

"44.9% of all health care payments across all lines of business were tied to APMs that hold providers accountable for quality and cost of care (HCPLAN Categories 3-4) in calendar year (CY) 2024 compared to 45.2% in CY 2023. 28.7% of health care payments across all lines of business were tied to APMs with downside risk (HCPLAN Categories 3B-4) in CY 2024 compared to 28.5% in CY 2023."  MORE >>

AHIP

Prior Authorizations Rank as Public’s Biggest Burden When Getting Health Care

"One in three insured adults in the U.S. say they find prior authorizations a 'major burden' to getting health care. An additional four in ten (37%) say the process is a 'minor burden,' bringing the total share of insured adults who find the process burdensome to about seven in ten (69%). This is larger than the share who say other aspects are burdensome such as understanding bills or what is owed (60%), getting needed appointments (60%), or finding providers who accept their insurance (53%)."  MORE >>

Henry J. Kaiser Family Foundation

[Opinion]

Why AI Health Needs Benefits Navigation

"While ChatGPT can tell you that you need an MRI for your knee pain, it can't tell you that the imaging center five miles north charges $150 while the one downtown wants $1,800 for the exact same scan. ... ChatGPT Health can coach employees on diet, track workouts and explain medical terms. That's genuinely valuable for healthfulness and engagement. But when employees still don't understand their benefits coverage or how to find affordable, in-network care, we're only solving part of the equation."  MORE >>

Employee Benefit News [EBN]; login required

[Opinion]

Breaking Down the Math on Reference-Based Pricing

"The Committee for a Responsible Federal Budget just dropped a detailed analysis on implementing RBP for the Federal Employee Health Benefits program. Buried in there is a roadmap for what ANY employer can expect when they stop letting hospitals yank them around with astronomical chargemaster pricing and just as phony carrier 'discounts.' The government's proposed pricing target amount of 200% of Medicare will deliver about 12% total savings. Go to 150% of Medicare? You're looking at 22% savings. Even at 250%, you still get 5-6% back."  MORE >>

Craig Gottwals via Substack; registration may be required

Benefits in General

EBSA Restores Nearly $1.4 Billion to Employee Benefit Plans, Participants, and Beneficiaries in FY 2025

"In FY 2025, EBSA closed 878 civil investigations. Of those, 556 investigations (63 percent) produced monetary results for plans or other corrective action, for a total of $714.4 million recovered.... In FY 2025, [EBSA] obtained 297 non-monetary civil corrections, including: [1] removing 15 fiduciaries, [2] barring 24 individuals from serving as fiduciaries, [3] appointing 18 fiduciaries, [4] improving missing participant procedures for 49 plans, and [5] implementing 61 global corrections across multiple ERISA-covered health plans."  MORE >>

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

Employee Benefits Jobs

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Retirement Education Specialist (WI/IL/MN)

TruStage

Remote / IL / MN / WI

View job as Retirement Education Specialist (WI/IL/MN) for TruStage

Press Releases

Stephen J. Small Joins the Wagner Law Group's Boston Office

The Wagner Law Group P.C.

Last Issue's Most Popular Items

Text of EBSA Fact Sheet: Proposed Pharmacy Benefit Manager Fee Disclosure Rule

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

Text of CMS Memo: Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2027 Benefit Year (PDF)

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

Health Coverage for Continuing Employees After an M&A Transaction

Newfront

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

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