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Health & Welfare Plans Newsletter

February 11, 2026

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💼  3 New Job Opportunities

 

[Guidance Overview]

PBM Reform Is Here: What CAA 2026 Means for Employer Health Plans

"These requirements will give employers unprecedented visibility into critical PBM information that may help contain rising health care costs. However, increased access to information also brings greater responsibility. Employers must ensure that PBMs provide the required information and that the information is prudently reviewed and acted upon once received. In addition, the expanded disclosure obligations may lead PBMs to increase their administrative fees."  MORE >>

Warner Norcross + Judd LLP

[Sponsor]

The next phase of GLP-1s for employer plans

GLP-1s are becoming a baseline benefit with rising costs and limited outcome clarity. This webinar breaks down what’s changing in the GLP-1 landscape and how employers can design smarter, more sustainable weight care strategies for 2026. Register now.

Sponsored by Embla

[Guidance Overview]

PBM Reform Cheat Sheet: Comparing the Recent Rules for Group Plans

"Plan sponsors and PBMs should anticipate that the DOL's final rule may be significantly revised to coordinate with CAA 2026's requirements. In particular, the DOL may need to reconsider its proposed July 1, 2026 applicability date, given that CAA 2026 does not take effect until January 1, 2029 for calendar-year plans, creating a potential gap period during which the DOL's more limited disclosure requirements would apply to self-insured ERISA plans before the broader CAA 2026 mandates take effect ... [A table] compares key elements of CAA 2026 and the DOL Proposed Rules."  MORE >>

Foley & Lardner LLP

[Guidance Overview]

Must a Plan Provide Extended COBRA Coverage Because of a Spouse's Disability?

"Other health coverage (including Medicare entitlement) that was in effect before a COBRA election does not disqualify a qualified beneficiary from electing COBRA. And because of the spouse's disability, COBRA coverage must be provided to everyone in the family for an extended period of up to 29 months."  MORE >>

Thomson Reuters / EBIA

[Guidance Overview]

New Jersey Significantly Expands Family Leave Eligibility and Protections

"The 2026 Amendments lower the employer-size threshold from 30 to 15 employees. They also ease eligibility to three months' tenure and 250 base hours in the prior 12 months.... The law adds a standalone reinstatement right for employees who receive Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits.... Employers should quickly update policies, train managers on reinstatement/anti-retaliation, reconfigure timekeeping for 'base hours' and prepare notices."  MORE >>

Fox Rothschild LLP

[Guidance Overview]

New Jersey Expands Rights Under the New Jersey Family Leave Act

"New Jersey employers employing between 15 and 29 employees who are currently not covered by the NJFLA will have obligations under the NJFLA beginning 17 July 2026. Employers both currently and newly covered by the NJFLA will need to consider the significantly reduced criteria for employees to become eligible for NJFLA leave."  MORE >>

K&L Gates

[Sponsor]

2026 Onsite Employee Health & Wellness Centers Conference

June 25-26 - Chicago. Learn what it takes to build and streamline facilities that meet innovative visions for healthcare and wellness. Walk away with practical solutions to operate a cost-effective program while providing quality healthcare.

Sponsored by World Conference Forum

Ninth Circuit Upholds Administrator’s Denial of Residential Mental Health Benefits Under ERISA

"The court applied abuse‑of‑discretion review and concluded that the denial was supported by the plan's medical‑necessity criteria and the administrative record. The dissent, however, argued that the majority failed to meaningfully account for a structural conflict of interest and for the administrator's handling of treating‑provider evidence and prior failed lower levels of care." [R.R. v. California Physicians' Service d/b/a Blue Shield of California, No. 22-7707 (9th Cir. Jan. 27, 2026; unpub.)]  MORE >>

Troutman Pepper Locke

New ERISA Class Actions Challenge 'Voluntary' Accident, Critical Illness, and Hospital Indemnity Benefits

"These filings signal a coordinated litigation strategy that could fundamentally reclassify certain 'voluntary' benefits as ERISA‑covered plans, significantly expanding fiduciary exposure for employers. By targeting both employers and national benefits consultants, the lawsuits raise the stakes for plan design, vendor relationships, and long‑standing assumptions about ERISA's safe‑harbor boundaries."  MORE >>

Nixon Peabody LLP

Welcome to 2026: Fiduciary Duty Lawsuits Have Started the Year with a Bang

"in light of this new set of lawsuits, employers that have historically assumed their voluntary benefits are exempt from ERISA's fiduciary duties should take a fresh look and really make sure they qualify for that exemption. In general, voluntary benefits may avoid ERISA if they meet the [DOL's] ERISA voluntary plan safe harbor ... Many employers have assumed their voluntary plans are not subject to ERISA, but these lawsuits challenge that assumption."  MORE >>

Lumelight

New Jersey Court Clarifies State's Earned Sick Leave Law Requirements

"The trial court granted partial summary judgment to the plaintiffs, finding that the company had failed to post the required written notice ... The court ... also devised a process for determining damages owed to all 'similarly situated employees.' On appeal, the New Jersey Appellate Division upheld the trial court's decision. In doing so, the court gave some helpful direction to employers looking to avoid the same fate as this employer." [Cano and Bonelli v. County Concrete Corp., No. A-0056-24 (Sup. Ct. N.J. App. Div. Jan. 28, 2026)]  MORE >>

Constangy, Brooks, Smith & Prophete, LLP

House Health Subcommittee Hearing: Lowering Health Care Costs for All Americans: An Examination of the Prescription Drug Supply Chain

Video of Feb. 11 hearing, with testimony by: [1] Lori M. Reilly, Esq., PhRMA; [2] John F. Crowley, Biotechnology Innovation Organization; [3] John Murphy, Association for Accessible Medicines; [4] David Marin, Pharmaceutical Care Management Association; [5] Angie Boliver, Healthcare Supply Chain Association; [6] Chester "Chip" Davis, Jr., Healthcare Distribution Alliance; [7] James Gelfand, The ERISA Industry Committee; [8] Douglas Hoey, National Community Pharmacists Association.  MORE >>

Health Subcommittee, Energy and Commerce Committee, U.S. House of Representatives

An Analysis of No Surprises Act (NSA) Independent Dispute Resolution (IDR) Emergency Service Outcomes Relative to In-Network Rates

"This CRS report contributes to the existing literature by using a more contemporary and market-based benchmark of IDR-participating providers' in-network rates, offering a distinct perspective on the extent to which IDR determinations for services provided OON diverge from the negotiated in-network rates of providers that participate in the IDR process." [R48851 Feb. 10, 2026]  MORE >>

Congressional Research Service [CRS]

Benefits in General

Whatever Happened to the ERISA Advisory Council?

"In addition to no formal meetings, there was 'no correspondence, no communications, no nothing' in 2025. Multiple members inquired about the status of the EAC in 2025 and none of those inquiries were answered ... The website for the Council confirms there was no output for 2025 and lists no nominees or an agenda for 2026."  MORE >>

American Retirement Association [ARA]

Employee Benefits Jobs

💼

3(16) Retirement Plan & Customer Liaison

Compass

Remote / Stratham NH / Hybrid

View job as 3(16) Retirement Plan & Customer Liaison for Compass

💼

3(16) Compliance Manager

401K Safe

Remote / Albertville AL

View job as 3(16) Compliance Manager for 401K Safe

💼

Payroll Implementations Associate

Vestwell

New York NY / AZ / CT / NJ / PA / TX / Hybrid

View job as Payroll Implementations Associate for Vestwell

Press Releases

DOL, Kaiser Foundation Health Plan Reach Settlement to Reform Insurer's Practices on Mental Health, Substance Use Disorder Care

U.S. Department of Labor [DOL]

MissionSquare Expands Its Retirement Health Savings Plans with the Launch of Self‑directed Brokerage Accounts

MissionSquare Retirement

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Structuring Employee Classes and Carve-Outs Within ACA Limits

March 10, 2026 WEBINAR

UBA [United Benefit Advisors]

Last Issue's Most Popular Items

What to Know About PBMs and Federal Efforts at Regulation

Henry J. Kaiser Family Foundation

FTC's 'Landmark' Settlement with Pharmacy Benefit Manager Express Scripts: Impact on Pharma

King & Spalding

State Paid Family and Medical Leave Contributions and Benefits (PDF)

Mercer

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

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