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Health & Welfare Plans Newsletter

March 3, 2026

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💼  6 New Job Opportunities

 

[Guidance Overview]

Key HIPAA Compliance Items for Businesses with Self-Insured Health Plans

"[1] Determine if your organization receives, maintains, or transmits PHI.... [2] Don't rely solely on TPA's policies.... [3] Designate a HIPAA Compliance Officer.... [4] Implement policies on uses and disclosures of PHI.... [5] Maintain a Notice of Privacy Practices (NPP) for your plan participants.... [6] Comply with the Security Rule and stay tuned for updates.... [7] Implement a business associate agreement (BAA) when required.... [8] Follow breach notification rules.... [9] Ensure ERISA fiduciary and cybersecurity oversight."  MORE >>

Fisher Phillips

[Guidance Overview]

Update Business Associate Agreements to Comply with New Substance Use Disorder Record Rules

"As of February 16, 2026, the new rules governing the confidentiality of substance use disorder (SUD) records will be enforced. If they have not done so, federally assisted SUD programs (Part 2 Programs) who are covered entities under HIPAA will need to update their business associate agreements (BAAs) to ensure compliance with the new rules."  MORE >>

Holland & Hart LLP

[Guidance Overview]

Remote Workers Under the FMLA: Who Is an Eligible Employee?

"According to [DOL's FAB 2023-1], to determine whether the remote worker works at a worksite with at least 50 employees employed within a 75-mile radius, the employer should consider the physical office where the employee reports or receives assignments. In other words, for FMLA purposes, the employee's home is not considered a worksite. This means that employers cannot deny FMLA leave by considering the employee's residence as the worksite and counting the number of employees who work there as one."  MORE >>

Wyrick Robbins Yates & Ponton LLP

[Guidance Overview]

New York City Issues FAQs on Earned Safe and Sick Time Act Amendments

"The DCWP's FAQs provide guidance and clarity on a number of outstanding questions ... Employers cannot provide a prorated amount of immediately available hours when an employee is hired partway through a calendar year.... When an employee has both paid and unpaid protected time off available for use, the employer should provide paid protected time off to cover absences, unless the employee specifies the preference to use unpaid protected time off instead."  MORE >>

Davis Wright Tremaine LLP

[Guidance Overview]

New York City Employers: Are You Ready for a 'Protected Time Off Law' Enforcement Blitz?

"On Friday, February 20, 2026, New York City Mayor Zohran Mandami announced that the DCWP 'launched an enforcement blitz' by sending letters to more than 56,000 employers across the city. A press release hailing a 'new data-driven enforcement strategy' emphasized that violating the law will subject employers to civil penalties ranging from $250 to $2,500 per employee, in addition to damages such as back pay."  MORE >>

Epstein Becker Green

Up in Smoke? Third Tobacco Premium Surcharge Case Dismissed

"The court expressed doubt that ERISA's requirement that participants who complete a wellness program's alternative standard receive the 'full reward' requires reimbursement of all premium surcharges paid for the full plan year, as the plaintiff claimed. In any event, the court held that the defendants' program met this standard because it allowed participants to avoid the entire premium surcharge amount for the full plan year by completing the tobacco cessation course between May 1 and November 30 of the prior plan year." [Noel v. PepsiCo Inc., No. 24-7516 (S.D.N.Y. Feb. 27, 2026)]  MORE >>

Groom Law Group

Even Patients Are Shocked by the Prices Their Insurers Will Pay — and It Costs All of Us

"When researchers at the Johns Hopkins Bloomberg School of Public Health looked at the data, they discovered that the price different insurers pay for the same billed charges 'can be three or more times different at the same hospital' ... Most often the final prices depend on the relative negotiating power of the insurer and the health system: Which side has enough market sway to walk away if the other doesn't meet its demands?"  MORE >>

KFF Health News

How to Design a State Child and Dependent Care Tax Credit That Works

"To reach families that struggle the most with care costs, offer a refundable credit.... Extend benefits to households with adult care expenses.... Make benefits generous enough to make a difference to family budgets."  MORE >>

Upjohn Institute

Does a Single PTO Policy Still Work for Multi-State Employers?

"[A] single PTO policy simplifies administration by avoiding different accrual, usage, carryover, and notice rules across jurisdictions. But that convenience can quickly become a liability when the policy isn’t designed around the laws of the jurisdictions where their employees work."  MORE >>

Bricker Graydon

Benefits in General

[Official Guidance]

Draft of IRS Publication 1099: General Instructions for Certain Information Returns for Use in Preparing 2026 Returns (PDF)

35 pages; Feb. 27, 2026. "What's New ... [1] New box 10, 'Family leave benefits,' was added to Form 1099-G to facilitate the reporting of family leave benefits paid by state paid family and medical leave programs.... [2] Form 1099-R ... was revised to include new check boxes 7b for IRA, SEP, and SIMPLE plans, check box 7c for Trump Account reporting, and new box 7d for reporting earnings on excess contributions.... [3] Form 5498-TA, Trump Account Contribution Information, and Form 1099-LPS, Long-Term Care Premiums Paid Statement, are currently under development and projected to be released in mid-2026 for tax year 2026/filing season 2027."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

The Delinquent Filer Voluntary Compliance Program: Over-the-Counter Relief

"If you have an employee benefit plan for which an annual report should have been filed, but which was not, the DOL DFVC Program provides an improved way to find relief from both DOL and IRS penalties. It is simple to use! It does not require a prescription. The medicine almost tastes good. It sounds almost too good to be true."  MORE >>

Employee Benefits Law Group

Form 5500 Simplification Act Introduced

"[T]he Form 5500 Simplification Act [HR 7362] ... would amend ERISA to change the deadline to nine and one-half months following the end of the plan year (October 15th for calendar year plans), thus forgoing the requirement to file an extension for the later date. The bill would also modernize filing requirements to permit such return or report and any additional information required, to be signed through electronic means."  MORE >>

Ascensus

Few Employers Consider Offering Trump Accounts

"A [recent poll] found that close to 16% of respondents plan to offer Trump Account funding options, whether that's through pre-tax employee contributions or direct employer contributions, or are actively considering doing so. Yet, over half said they do not expect to 'take any action' with Trump Accounts, and 30% report feeling undecided."  MORE >>

401(k) Specialist

[Opinion]

Invisible Labor and Workplace Equity: The Role of Employee Benefits

"Women make up nearly half of the U.S. workforce, yet research shows they continue to carry a disproportionate share of invisible labor, from caregiving responsibilities to health coordination and administrative load. These structural realities can quietly shape retention, advancement, and burnout ... By designing employee benefits strategy with workplace equity in mind, HR leaders can reduce hidden strain and create more sustainable, measurable outcomes."  MORE >>

Nava

Employee Benefits Jobs

💼

Director of Regulatory Operations and Compliance

PCS Retirement

Remote / PA

View job as Director of Regulatory Operations and Compliance for PCS Retirement

💼

Senior Retirement Plan Analyst - DC Plans

M2B Retirement Consulting LLC

Remote / PA

View job as Senior Retirement Plan Analyst - DC Plans for M2B Retirement Consulting LLC

💼

Retirement Plan Analyst - DC Plans

M2B Retirement Consulting LLC

Remote / PA

View job as Retirement Plan Analyst - DC Plans for M2B Retirement Consulting LLC

💼

Plan Document Support Specialist

ASC Actuarial Systems Corporation

Remote

View job as Plan Document Support Specialist for ASC Actuarial Systems Corporation

💼

Manager – Plan Documents

NPPG

Remote / Shrewsbury NJ

View job as Manager – Plan Documents for NPPG

💼

Retirement Plan Consultant

TPA Experts

Remote / Norwich NY

View job as Retirement Plan Consultant for TPA Experts

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

The Cost Cure: Rethinking Pharmacy Pricing and Primary Care

April 15, 2026 WEBINAR

Worldwide Employee Benefits Network [WEB]

The Cost Cure: Rethinking Pharmacy Pricing and Primary Care

April 15, 2026 WEBINAR

Worldwide Employee Benefits Network [WEB] - Dallas Chapter

HIPAA Privacy: Learning the Basics and What's New for 2026

April 16, 2026 WEBINAR

Lockton

Last Issue's Most Popular Items

DOL Announces Major Update to EBSA Enforcement Priorities for FY 2026

FosterSwift

GLP-1 Coverage Strategies for Plan Sponsors

Verrill Dana LLP

PBM Fee Disclosure Regulatory and Legislative Update

International Foundation of Employee Benefit Plans [IFEBP]

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

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