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Health & Welfare Plans Newsletter
February 26, 2026
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💼 3 New Job Opportunities
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[Official Guidance]
Text of CMS Final 2027 Actuarial Value Calculator Methodology (PDF)
25 pages. "The AV Calculator [XLSM] represents an empirical estimate of the AV calculated in a manner that provides a close
approximation to the actual average spending by a wide range of consumers in a standard population. This document is meant to detail the specific methodologies used in the AV calculation." MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Official Guidance]
Draft of CMS 2027 Letter to Issuers in the Federally-Facilitated Exchanges (PDF)
38 pages. "This 2027 Draft Letter provides updates on operational and technical guidance for the 2027 plan year for issuers seeking to offer qualified health plans (QHPs), including stand-alone dental plans (SADPs), in the Federally-facilitated Exchanges (FFEs) or the
Federally-facilitated Small Business Health Options Programs (FF-SHOPs).... The 2027 Draft Letter focuses on guidance that has been updated for the 2027 plan year[.]" MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Guidance Overview]
Federal PBM Reforms in Action and in Context
"This article examines the CAA in the context of other federal and state efforts to regulate PBMs, then offers recommendations on additional steps Congress and federal agencies could take in this sphere." MORE >>
Health Affairs Forefront
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[Guidance Overview]
DOL's PBM Proposal: What It Signals About Fiduciary Expectations and How Plan Sponsors Can Use It
"While initial discussions have focused on technical details, the proposal's greater significance lies in what it signals about evolving fiduciary expectations under ERISA and how plan sponsors can use this guidance to strengthen oversight.... Plan fiduciaries should view EBSA's proposal not only as a future compliance requirement, but also as a key indicator of how PBM oversight is currently evaluated." MORE >>
Withum Smith+Brown, PC
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[Guidance Overview]
Changing Cafeteria Plan Elections Upon a Change in Residence
"The Section 125 cafeteria plan rules provide that employees can make a mid-year health plan election change upon the change in residence of the employee, spouse, or dependent where a) the move affects the individual’s eligibility for coverage under the plan, and b) the
health plan election change is consistent with the individual’s change in residence." MORE >>
Newfront
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[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.
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[Guidance Overview]
Can Our Plan Require Cost-Sharing for Colonoscopy-Related Services? (PDF)
"Certain services performed in connection with a colonoscopy performed as a preventive screening procedure pursuant to the USPSTF recommendation must be covered without cost-sharing where the services are an integral part of the colonoscopy (subject to reasonable medical
management).... Your plan must also cover, without cost-sharing, a follow-up colonoscopy conducted after a positive non- invasive stool-based test or direct visualization test." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
CMS Issues 2027 HHS Notice of Benefit and Payment Parameters Proposed Rule
"CMS proposes to prohibit issuers from including routing non-pediatric dental services as EHB.... This is a reversal of the policy finalized in the 2025 Payment Notice ... CMS had stated that, beginning in PY 2025, covered benefits in a State's EHB-benchmark plan are
EHBs and, thus, do not require defrayal by the State. In this proposed rule, CMS notes that it has reevaluated this policy.... The proposal to certify non-network plans as QHPs is both a reversal and an expansion of previous policies." MORE >>
Groom Law Group
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[Guidance Overview]
HHS Issues Updated Model Notices of Privacy Practices and Announces Part 2 Enforcement Program (PDF)
"[T]he revised model notices can be a useful starting point, but plan sponsors should ensure that the final NPP language
aligns with their actual practices and administration, and should coordinate updates with insurers, TPAs, and counsel. Given OCR's announcement of a civil enforcement program for confidentiality of SUD patient records, plan sponsors, group health plans, and business associates that
receive and disclose information related to SUDs should act quickly to understand their obligations." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
CRS In Focus: Employer Tax Credit for Paid Family and Medical Leave
"Employers providing paid family and medical leave to their employees may be able to claim a tax credit under Internal Revenue Code Section 45S. This In Focus provides an overview of the employer credit for paid family and medical leave, its legislative history, and
possible fiscal effects of the credit." [IF11141 updated Feb. 25, 2026] MORE >>
Congressional Research Service [CRS]
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[Guidance Overview]
NYC’s Amended ESSTA: Expanded Employee Time Off Rights Businesses Need to Know
"The New York City Department of Consumer and Worker Protection (DCWP) issued updated FAQs and other guidance clarifying the
additional protections and requirements. At the same time, Mayor Zohran Mamdani announced renewed enforcement efforts targeting employers that fail to comply with municipal worker protection laws, including the ESSTA. So far, more than 56,000 warning letters on violations reportedly have been sent to employers across the city." MORE >>
Jackson Lewis P.C.
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[Guidance Overview]
New York City Releases Guidance and Mandatory Notice of Employee Rights Under Earned Safe and Sick Time Act
"[S]everal questions that were initially unanswered have been addressed, including: [1] Whether part-time employees and/or mid-year hires must be provided the full 32 hours of unpaid sick leave at the beginning of the year.... [2] Whether employers can provide 32 hours
of additional paid sick leave in lieu of providing unpaid sick leave.... [3] When employees can use protected time 'to provide care to [a] minor child or care recipient'.... [4] In what increments of time unpaid sick leave may be taken." MORE >>
Littler
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District Court Allows COBRA Online Processing Fee Case to Proceed (PDF)
"The court rejected the TPA's request to dismiss the case, allowing several claims to proceed. The court concluded that the participant plausibly alleged deceptive conduct under state law, determining that delayed disclosure of the fee and its characterization as a processing
fee rather than an administrative fee could mislead participants, especially when the fee amount exceeded statutory limits. " [Patterson v. Wex, No. 25-8557 (N.D. Calif. Feb. 10, 2026)] MORE >>
Thomson Reuters / EBIA
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EBSA Fact Sheet Highlights 2025 Enforcement Activity (PDF)
"$67 million was recovered for No Surprises Act violations ... A life insurer was required to update their evidence of insurability standards because they were not compliant.... A medical plan claims administrator had processed thousands of out-of-network emergency
claims incorrectly, affecting 10,800 participants and 2,400 providers. The claims administrator has now established a trust fund to issue payments to participants and providers, so far payments exceed $11 million." MORE >>
Gallagher
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Benefits in General |
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[Guidance Overview]
USPS Postmark Changes: for Plan Sponsors, Timing Is Everything!
"Plan sponsors should consider the following strategies to ensure timely mailings when using USPS: [1] Request a manual postmark:... [2] Mail early.... [3] Postage validation imprint (PVI).... [4] Proof of mailing." MORE >>
Spencer Fane
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Employee Benefits Jobs
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Selected New Discussions |
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COBRA and Diagnosis-Related Group Pricing
"Anyone here have any experience with determining COBRA coverage where inpatient hospital stay billed to self-insured plan under diagnosis-related group pricing (DRG)? Participant's COBRA coverage ended 7/31 and was admitted to the hospital on the same day. She remained in
the hospital until 8/29. Because charges were billed under DRG (as one claim dated 7/31), former employer's plan being told it is on the hook for the entire bill, even though her COBRA coverage ended 7/31 and 99% of the charges were incurred after COBRA coverage ended. Thoughts?"
BenefitsLink® Message Boards
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Press Releases |
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GoodRx Expands Into Employer Market with Launch of 'GoodRx Employer Direct'
GoodRx
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Employee Fiduciary Expands Leadership Team with Two Key Hires to Drive Growth and Strengthen Retirement Plan Services
Employee Fiduciary, LLC
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ICI Launches Strategic Collaboration With DCALTA on Private Assets in 401(k)s
ICI [Investment Company Institute]
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Invesco Expands Private Markets Access for Defined Contribution Market with Launch of Core Plus Real Estate Collective Investment Trust
Invesco
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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How Smart Data Decisions Are Reshaping Benefits Strategy
PODCAST
Brown & Brown
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Last Issue's Most Popular Items |
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CAA 2026: The New Landscape of PBM Fiduciary Oversight
Morgan Lewis
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Why Employers Need to Review Their Tuition Reimbursement Plans in 2026
Epstein Becker Green
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Strengthening Fiduciary Hygiene: Navigating DOL Scrutiny and New Litigation Risks for Health and Welfare Plans
Morgan Lewis
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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