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February 27, 2026

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[Official Guidance]

Text of DOL Extension of Comment Period on Proposed Regs for PBM Fee Disclosures

"This document extends the comment period on the Department's Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure proposed rule ... [which] was published in the Federal Register on January 30, 2026, with a comment deadline of March 31, 2026. On February 3, 2026, the Consolidated Appropriations Act, 2026 amended ERISA to add several provisions relating to providers of pharmacy benefit management services. Consequently, the Department is extending the comment period for an additional 15 days, to April 15, 2026, to allow interested persons to address whether the rule should be adjusted due to these new statutory provisions."  MORE >>

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

[Guidance Overview]

Missed the HIPAA Deadline? Don't Panic, Health Care Entities Can Still Update Privacy Practices and Policy Notices

"Health plans (including employer sponsors of self-insured group health plans) must update their published NPPs. Coming to the rescue of providers that waited to make the required changes to their Notices of Privacy Practices regarding SUD treatment records, the federal government itself waited until February 16 to update its model Notice of Privacy Practices to provide sample language that can be used to update or help draft NPPs for Part 2 compliance."  MORE >>

Fox Rothschild LLP

[Guidance Overview]

Sweeping Reform Raises the Stakes for PBMs and ERISA Fiduciaries

"Long insulated from meaningful disclosure obligations, PBMs now face a dramatically different regulatory environment as three major developments converged within days of each other ... Together, these actions create a transition toward PBM transparency."  MORE >>

Davis Wright Tremaine LLP

[Guidance Overview]

Big Changes to PBM Contracting and Group Health Plan Service Provider Disclosures

"[The Consolidated Appropriations Act, 2026 includes] significant disclosure requirements applicable to pharmacy benefit managers (PBMs) -- effective 30 months following the enactment of the legislation -- and the requirement for ALL service providers to group health plans to disclose all direct and indirect compensation they receive in connection with the plan, effective for contracts entered into or renewed after the effective date of the CAA 2026. These new rules will have a significant impact on the contracting process for all group health plan contracts."  MORE >>

Trucker Huss

[Guidance Overview]

Consolidated Appropriations Act 2026: Impact on Plan Sponsors

"Most of the CAA 2026 changes become effective no earlier than 30 months after the effective date of the new law. Accordingly, for a calendar-year plan, most changes are effective January 1, 2029. However, CAA 2026 also revises the ERISA prohibited transaction exemption rules and those changes appear to be effective as of the date of the CAA 2026's passage.... PBMs, plan sponsors and others may feel pressure to implement business changes earlier -- especially in light of the FTC/ESI Settlement."  MORE >>

Reinhart Boerner Van Deuren s.c.

[Guidance Overview]

Drug Pricing and PBM Compensation: DOL Proposed Rule for Improving Transparency

"The Proposed Rule has two main purposes: [1] to allow responsible plan fiduciaries to better fulfill their responsibility of ensuring that PBM service contracts are reasonable under [ERISA] of 1974 ('ERISA'), and [2] to enhance market efficiency and improve access to affordable prescription drugs for consumers. The DOL is requesting comments on the Proposed Rule, with the goal of having the final rule apply to ERISA self-insured group health plans for plan years beginning on or after July 1, 2026."  MORE >>

Trucker Huss

[Guidance Overview]

New York City Employers on Alert: Actions to Take Now as Protected Time Off Enforcement Ramps Up

"Employers must post the updated Notice of Rights and provide it to existing employees in English and any language spoken as a primary language by at least 5% of the workforce ... As of February 22, employers must provide employees with 32 hours of unpaid protected time off, available immediately. New hires must also receive 32 hours of immediately available protected time off.... Paid prenatal leave must be provided as a separate bank and cannot be satisfied by more generous sick leave or PTO policies."  MORE >>

Fisher Phillips

FMLA Does Not Mandate 'House Arrest'

"Employers are understandably troubled when a worker who is purportedly too sick or injured to perform their job appears to be using FMLA leave for vacation while their employer and co-workers deal with the fallout from their absence. In many cases, employers can use the social media posts to open an inquiry on whether the employee provided misleading information to support their FMLA leave application.... However, employers should not automatically leap to the conclusion that they have been misled before conducting a full review of the circumstances."  MORE >>

Parker Poe

2025 Consumer Engagement in Health Care Survey (PDF)

42 pages. "Employment-based health coverage remained the dominant source of health insurance for privately insured adults, with six in 10 receiving coverage through their own job.... More than three-quarters of enrollees had a deductible for medical care, including 70 percent of traditional plan enrollees.... Enrollment in high-deductible health plans declined slightly in 2025, and enrollment in consumer-directed health plans and health savings accounts (HSAs) appeared to be relatively stable."  MORE >>

Employee Benefit Research Institute [EBRI]

Workplace Benefits Face a New Environment in 2026

"LIMRA forecasts slower in‑force premium growth for life and disability products through 2028. Life insurance in‑force premium growth is expected to fall below historical averages, while long‑term and short‑term disability premiums should remain closer to recent norms.... Employers still need competitive benefits packages to attract and retain top talent. Workers increasingly value flexibility, well‑being, and financial security. Advances in technology -- from data analytics to AI -- are enabling more personalized benefit recommendations and communications."  MORE >>

LIMRA

TrumpRx.gov and Plan Sponsors

"There is no underlying law or regulation that specifically creates the new website or specifies its terms and conditions. Thus, its impact on employers and plan sponsors is a bit unclear. As currently designed, TrumpRx.gov does not specifically 'integrate' with group health plans. Thus, its impact on plan sponsors may be modest."  MORE >>

Reinhart Boerner Van Deuren s.c.

Benefits in General

[Official Guidance]

Text of DOL Proposed Regs: Employee or Independent Contractor Status under the FLSA, FMLA, and Migrant and Seasonal Agricultural Worker Protection Act

146 pages. "The Department is proposing to rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) currently set forth in 29 CFR part 795 and replace it with the analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA), both of which incorporate the FLSA's scope of employment."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

DOL Proposes New Independent Contractor Rule: Now with Fewer 'It Depends'

"The Department is not republishing the 2021 rule word-for-word. The proposal includes one substantive edit, a non-substantive edit, and several small modifications to the illustrative examples. But the framework itself -- including the emphasis on core factors -- tracks the 2021 rule."  MORE >>

Pierson Ferdinand LLP

[Guidance Overview]

Regulatory Whiplash Continues: DOL Proposes Yet Another Independent Contractor Classification Rule

"The proposed rule is essentially a readoption of the Trump administration's 2021 rule with only minor modifications. The DOL explicitly states it is rescinding the 2024 Biden Rule and readopting the 2021 Rule with a few updates. The key structural elements are identical: the same two-core-factor framework and the same three additional guidepost factors. The modifications are minimal. The DOL's proposed rule also dedicates extensive analysis to past court decisions, concluding that this standard formalizes how courts have been deciding independent contractor cases across administrations for decades."  MORE >>

Fox Rothschild LLP

[Guidance Overview]

What Employers Need to Know About Trump Accounts

"The promise of giving kids 'free money' surely piqued the interest of children and parents alike. Employers, however, are not all rushing to incorporate Accounts into the suite of benefits offered to employees.... [T]he vast majority are waiting on more guidance to determine how the Accounts will operate in conjunction with existing benefits offered to employees."  MORE >>

Boutwell Fay LLP

[Guidance Overview]

Where to Start with Trump Accounts

"One of the requirements under Section 128 of the Code for a valid employer-provided Trump account contribution is that the employer adopt a 'separate written plan.' Although additional guidance may be needed before finalizing a separate written plan document, in light of commentary in the Notice concerning the anticipated requirements of a Trump account contribution program, Section 129 dependent care assistance program plan documents may provide a good starting point for plan sponsors that are considering offering employee pre-tax contributions to Trump accounts."  MORE >>

Morgan Lewis

Employee Benefits Jobs

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The Finway Group

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Selected New Discussions

Two-Employee Married Family Plans

"What is your take on an employer offering two-employee, married, family plans? In general, these could be cheaper than asking each employee to fund a plan. Does this violate ERISA if all employees of these 'similarly situated individuals' are offered this discounted plan?"

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Last Issue's Most Popular Items

Text of CMS Final 2027 Actuarial Value Calculator Methodology (PDF)

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

USPS Postmark Changes: for Plan Sponsors, Timing Is Everything!

Spencer Fane

Draft of CMS 2027 Letter to Issuers in the Federally-Facilitated Exchanges (PDF)

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

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

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