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Health & Welfare Plans Newsletter

March 10, 2026

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💼  2 New Job Opportunities

 

Lawsuit Against JPMorgan Chase Over High Drug Costs and Premiums Survives Motion to Dismiss

"The ⁠proposed class action on behalf of tens of thousands of employees accused JPMorgan of violating ​[ERISA] by using a 'fundamentally flawed' process to hire ​CVS Caremark, whose parent CVS Health is an investment banking client." [Stern v. JPMorgan Chase & Co., No. 25-2097 (S.D.N.Y. Mar. 9, 2026)]  MORE >>

Reuters; login may be required

Second Case Challenging Prescription Drug Costs is Dismissed

"In dismissing the plaintiffs' complaint, the Wells Fargo court leaned heavily on the plan's terms, which afforded Wells Fargo complete authority to set participant contribution rates and to require participants to fund all plan expenses. The Wells Fargo court held that health plans are closely analogous to defined benefit pension plans ... [and] that cases where plaintiffs have alleged that 401(k) plans ... charged participants excessive fees are distinguishable." [Navarro v. Wells Fargo & Co., No. 24-3043 (D. Minn. Mar. 3, 2026)]  MORE >>

Groom Law Group

District Court Dismisses ERISA § 510 Claim Against Google

"[The court] dismissed a former Google sales representative's ERISA Section 510 interference claim and several related state-law claims, holding that the complaint failed to plausibly allege that Google terminated the employee with the specific intent to interfere with ERISA-protected benefits." [Martin v. Google LLC, No. 25-0587 (D. Conn. Mar. 9, 2026)]  MORE >>

Roberts Disability Law

A Common and Costly Oversight: The Importance of a Written Section 125 Plan

"Often discovered during an audit or transaction, the failure to maintain a written plan document can expose employers to unexpected tax penalties.... A common misconception is that payroll practices or other enrollment materials can substitute for a written plan, however, SPDs, benefit summaries, or other insurance carrier certificates do not replace a Section 125 plan document. "  MORE >>

Bricker Graydon Wyatt

Trends in Prescription Drug Legislation

"Lawmakers continue to advance a wide range of approaches designed to enhance prescription drug access and affordability for both states and consumers. Even as the legislative landscape evolves, initiatives including PBM and 340B reform are likely to be enacted this year. "  MORE >>

National Conference of State Legislatures [NCSL]

Trends in Prescription Drug Coverage Restrictions in Medicare, Medicaid, and Commercial Insurance Plans, 2011-2019

"Between 2011-2019, for the nationally representative beneficiary, the share of drugs excluded from formularies increased from 7.5% to 13.4%, the share of drugs subject to administrative restrictions such as prior authorization or step therapy increased from 18.1% to 43.7%, and the share of drugs on non-preferred tiers decreased from 57.8% to 42.2%. The share of drugs with any coverage restriction increased from 69.7 to 79.0%. Health plans and drugs subject to federal coverage mandates saw much larger increases in prior authorization and increases in non-preferred status."  MORE >>

Health Affairs Scholar

GAO Report on Private Dental and Vision Insurance: Market Concentration Varied Among States

"Across all states, the combined market share of the three largest insurers in each state ranged from about 38 to about 98 percent of enrollment for the dental group market, and from about 41 percent to about 96 percent for the vision group market." [GAO-26-107787 Mar. 9, 2026]  MORE >>

U.S. Government Accountability Office [GAO]

Benefits in General

[Guidance Overview]

DOL, PBGC Civil Monetary Penalties in Limbo for 2026

"The [DOL] and [PBGC] still have not published inflation-adjusted civil monetary penalties for employee benefit plans for 2026.... [T]he 2026 penalties are supposed to be calculated by multiplying the 2025 penalty amounts by the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) from October 2024 through October 2025. However, due to the government shutdown, the [BLS] never released CPI-U figures for October 2025. This has left the agencies without a multiplier to apply to their 2025 penalties."  MORE >>

Mercer

The Enforceability of Plan Arbitration Provisions Under ERISA

"[A]rbitration provisions may still be enforceable when applied in the contexts of benefit claims under a plan, but they do not appear to be a solution to class actions involving fiduciary breach claims. Plan sponsors who wish to apply an arbitration provision to claims for benefits under ERISA covered retirement or health & welfare plans should ensure that participants are properly notified of the arbitration provision, such as through a summary plan description (SPD) or summary of material modifications (SMM), and that participants and beneficiaries will be deemed to have consented to the arbitration provision through their continued participation in the plan."  MORE >>

Kilpatrick Townsend

Ripple Effects of Increased Longevity on Benefits and Retirement Strategies

"[S]pecific benefits that may meet the needs and desires of different generations [include]: [1] Emergency savings accounts; [2] Alternative work schedules; [3] Flexible retirement options; [4] Technical training; [5] New decumulation or innovative investment options for defined contribution plans; [6] Hearing benefits; [7] Menopause support; [8] Benefits that support brain health."  MORE >>

International Foundation of Employee Benefit Plans [IFEBP]

Employee Benefits Jobs

💼

Experienced Employee Benefits Attorney

Shipman & Goodwin LLP

Hartford CT / Stamford CT / Boston MA / Hybrid

View job as Experienced Employee Benefits Attorney for Shipman & Goodwin LLP

💼

Processing Manager

The Retirement Advantage, Inc (TRA)

Remote

View job as Processing Manager for The Retirement Advantage, Inc (TRA)

Press Releases

Anne Tyler Hall Named to Inc.'s 2026 Female Founders 500 List

Hall Benefits Law

True Rx Health Strategists Introduces 'Healthier You,' a Clinical Care Bundle to Help Employers Control Costs and Improve Employee Health

True Rx Health Strategists

New Allianz Life Annuity Offers Added Flexibility in Income Benefits

Allianz

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Okaying a Premium Problem When Voluntary Benefits Become Involuntary Lawsuits

PODCAST

Ropes & Gray

What are the Benefits Trends Driving Plan Renewal Decisions for 2027?

April 14, 2026 WEBINAR

Corporate Synergies

Unlocking Healthcare Transparency

April 15, 2026 WEBINAR

Conference of Consulting Actuaries

Last Issue's Most Popular Items

AI Billing Raises Health Care Costs

Blue Cross Blue Shield Association

2026 Outlook: Pharmacy Benefits

NFP

Congress Plans New Response to Health Cyberattacks

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

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