"DOL has proposed a regulation under ERISA section 408(b)(2) that would require PBMs to provide specific initial and semiannual disclosures to plan fiduciaries of employer-sponsored self-insured group health plans, according to a fact sheet. Further, the proposal would permit -- but not require -- plan fiduciaries to audit the disclosures annually, providing them with the tools to verify the accuracy of the information provided by PBMs. Finally, relief is proposed for plan fiduciaries in the event their PBM fails to meet its obligations under the regulation."  MORE >>

"The FAQs clarify that, as of February 22, 2026, employers must provide thirty-two hours of unpaid safe and sick leave for immediate use to all current employees, in addition to new hires. Additionally, employers must provide another bank of thirty-two hours of unpaid protected time off on the first day of the employers' calendar year. The FAQs also clarify that employers cannot provide a prorated amount of immediately available hours when an employee is hired partway through the calendar year."  MORE >>

"The CAA effectively federalizes PBM contracting, whereby the requirements of the CAA must be met in contracts between PBMs and GHPs and insurers (including contract extensions or renewals) as of the effective date of the CAA. While many customized/curated PBM agreements already address these required elements (and therefore will require only minor adjustments to capture some of the specific details), those PBM agreements that have used the PBM's own template contract as a base might require significant restructuring."  MORE >>

"[T]he Fifth Circuit affirmed summary judgment in favor of a change-of-control severance plan, holding that the plan conferred discretionary authority on the administrative committee and that the committee did not abuse its discretion in concluding that the plaintiff failed to establish 'Good Reason' for resignation." [Miller v. Anadarko Petroleum Corporation Change of Control Severance Plan, No. 25-20113 (5th Cir. Feb. 26, 2026]  MORE >>

"There is growing buzz around a new approach to GLP-1 coverage: removing GLP-1 coverage from the traditional [PBM] reimbursement model and instead reimbursing employees for GLP-1s through a direct-to-consumer or 'carve-out' model tied to a utilization management program.... The concept works because GLP-1s are one of the few prescription drug categories with a robust direct-to-consumer market. It is unclear, however, whether increased contractual and operational costs will offset the savings from lower direct-to-consumer prices."  MORE >>

"For companies seeking to help their people lessen the risk of developing life-altering conditions -- while reaping a reduction in healthcare costs -- it makes sense to cover GLP-1s for obesity. However, a carte blanche approach might not be the best strategy. Instead, it may be best to limit eligibility to individuals with a high BMI or certain comorbidities. Companies could also consider requiring concurrent participation in nutrition/healthy eating, exercise/physical fitness or weight loss programs."  MORE >>

"Four in 10 said their health care costs increased in the past year.... Most adults spent relatively little time choosing a plan during open enrollment.... Provider networks were the top factor when selecting a health plan, outranking premiums and other features.... Among HSA holders, employer contributions were the most frequently cited reason for opening an account ... Consumers reported substantially higher trust in health care providers than in artificial intelligence (AI) for health-related decisions."  MORE >>

"According to the [DOL], this is the most significant revision to EBSA's enforcement framework in recent years. The goal is to make investigations more efficient and responsive and to prioritize serious misconduct and abusive practices."  MORE >>

"The DOL identifies several concerns with the 2024 rule, including lack of clarity and predictability due to six broad, equally weighted factors with limited guidance on resolving conflicts among them, and overlapping concepts across factors that invite duplicative weighing. The DOL also cites a potential chilling effect on legitimate independent contracting ... Finally, the DOL views the 2024 rule as misaligned with Supreme Court precedent and the modern economy[.]"  MORE >>

"[Independent contractor (IC)] compliance and misclassification has been front-page news for many years.... While this proposed regulation may be construed as favoring IC status, it will likely increase attention on this matter and prompt more class action lawsuits by plaintiffs' attorneys, as an unintended consequence."  MORE >>

"[If] finalized, the Proposed Rule will be welcome news for employers and workers, as it provides to courts the regulatory agency’s interpretation of the economic realities test, including a modern, well-balanced, clear analysis that gives greater weight to the two core factors and interprets all factors in an even-handed manner consistent with decades of case law."  MORE >>