"Key developments include: [1] PBMs treated as 'covered service providers' for purposes of [ERISA] Section 408(b)(2) subject to compensation disclosure requirements. [2] Required 100% rebate and remuneration pass through to ERISA plans, with limited exceptions ... [3] Mandatory semiannual reporting of detailed drug pricing, spread pricing, rebate, and compensation data to group health plans. [4] Civil penalties for noncompliance. [5] A limited 'innocent fiduciary' exception for plan fiduciaries under specified conditions."  MORE >>

"For employers faced with health care costs that outpace inflation and opaque PBM agreements that do not provide a complete line of sight into pricing arrangements, the changes promise increased transparency and cost savings opportunities."  MORE >>

15 pages. "[CMS] released the 2027 Advance Notice, which details planned changes to the Part C and Part D capitation and risk adjustment methodology for calendar year (CY) 2027. The growth rate and risk model changes together resulted in a substantially lower estimated benchmark trend than the industry was expecting.... [B]ased on experience with benefit reductions that took place in 2026, Wakely estimates that the Advance Notice could lead to a projected 15% decline in average plan rebate dollars from 2026 to 2027."  MORE >>

"[E]ffective January 1, 2026, California law significantly restricts employers' ability to include claw-back or repayment provisions in employee agreements, including provisions tied to tuition reimbursement.... New York's Trapped at Work Act similarly restricts the use of employment promissory notes, requiring repayment of training costs. A recently enacted amendment to the law ... delays enforcement and created a narrow exception allowing for tuition repayment agreements, provided strict statutory conditions are met."  MORE >>

"Every year the state's official health insurance marketplace under the [ACA], the Massachusetts Health Connector, sets the maximum deductibles and out-of-pocket maximums for individual and family levels. Employers are not required to provide MCC, but ensuring their plans are compliant will help employees avoid individual penalties."  MORE >>

"[T]he Appellate Division affirmed the trial court's $1 million-plus award ... in response to claims brought by several employees who asserted they were owed unpaid sick days under the ESLL.... [The court] determined that while the ESLL's exemption applies to construction builders and contractors with employees subject to a collective bargaining agreement, it did not also apply to the manufacturers supplying materials to those builders and contractors." [Cano and Bonelli v. County Concrete Corp., No. A-0056-24 (Sup. Ct. N.J. App. Div. Jan. 28, 2026)]  MORE >>

"Plaintiffs' firms have begun applying the excessive fee playbook to health plans ... At the same time, group health plans remain under scrutiny from the [DOL].... In the current regulatory enforcement and litigation environment, revisiting fiduciary governance practices, particularly around service provider selection, fee monitoring, and oversight, can reduce exposure and strengthen overall fiduciary compliance."  MORE >>

"Mercer projects the 2027 inflation-adjusted amounts for health savings accounts (HSAs), high-deductible health plans (HDHPs), and excepted-benefit health reimbursement arrangements (HRAs) will increase from 2026 levels."  MORE >>

"[EBSA] recently announced changes to their enforcement priorities for 2026. These changes represent the most significant shift in EBSA's enforcement priorities in recent years.... EBSA's enforcement priority shift reflects the agency's assessment of where American workers face the greatest risks to their retirement security and healthcare benefits. By focusing resources on cybersecurity threats, mental health access barriers and criminal misconduct, while pulling back from areas with new participant protections, EBSA aims to deliver better outcomes for those covered by employer-sponsored benefit plans."  MORE >>

"Most federal employees assume their benefits will “take care of things” if they die unexpectedly, become disabled or retire earlier than planned. It’s not a reckless assumption, but a reasonable one. After all, the federal government offers more benefits than most private employers. The problem is that they’re often misunderstood, incomplete or dependent on choices you may not have revisited in years."  MORE >>