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Health & Welfare Plans Newsletter
March 11, 2026
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💼 2 New Job Opportunities
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[Guidance Overview]
What Are Our Company's Obligations to a Former Employee Receiving COBRA Coverage Who Has Been Called to Active Duty in the Uniformed Services?
"USERRA gives continuation rights to employees who [1] have health plan coverage in connection with their employment; and [2] are absent from employment for service in the uniformed services. But your former employee will not be entitled to USERRA coverage under your plan because
he was not employed by your company when he was called to active duty -- his uniformed service did not cause him to be absent from employment with your company." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
New York Healthy Terminals Act Targets Airport Workforce: What New Coverage Requirements Mean for Employers
"The amended Healthy Terminals Act significantly expands the definition of 'covered airport worker' to include most employees working at least 50 percent of their time at New York's major airports.... The current health and welfare supplement is $5.55 per hour,
up to 40 hours per week. Employers may satisfy this obligation by paying the amount in cash or offsetting the amount with the value of the employer-provided health insurance or other qualifying fringe benefits. This rate is tied to SCA wage determinations and is subject to change." MORE >>
Jackson Lewis P.C.
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[Guidance Overview]
Oregon Sick Time Also Covers Blood Donation Time
"The Oregon Bureau of Labor and Industries recently updated its rules to reflect the new qualifying reason employees may use sick leave: time off to donate blood in connection with a voluntary program that is approved or accredited by the American Association of Blood Banks or
the American Red Cross. This new qualifying reason was added effective January 1, 2026." MORE >>
Barran Liebman LLP
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JPMorgan Accused of Allowing Excessive CVS Caremark Fees in Employee Health Plan
"JPMorgan violated ERISA by using a 'fundamentally flawed' process to hire CVS Caremark, whose parent company CVS Health is an investment banking client, the proposed class action lawsuit claims.... JPMorgan allowed CVS Caremark to mark up prices for 366 generic drugs by
an average of 211%, causing some employees to pay more than uninsured patients, the complaint alleges." [Stern v. JPMorgan Chase & Co., No. 25-2097 (S.D.N.Y. Mar. 9, 2026)] MORE >>
BenefitsPro; registration may be required
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ERISA Class Action on Prescription Drug Benefits Gets Green Light: A Warning for Plan Sponsors
"The plaintiffs allege that the corporation breached its ERISA fiduciary duties by allowing excessive prescription drug prices within its health plan.... The lawsuit alleges that the corporation's health plan paid more than $6,000 for a 30-tablet supply of the generic
multiple sclerosis drug teriflunomide. According to the plaintiffs, the same medication could be obtained at retail pharmacies for a fraction of that price resulting in markup of 38,000%." [Stern v. JPMorgan Chase & Co., No. 25-2097 (S.D.N.Y. Mar. 9,
2026)] MORE >>
Buchanan Ingersoll & Rooney PC
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[Sponsor]
2026 CCA Healthcare Meeting | Virtual | April 14 & 16
Earn up to 12 CE hours at this 2-day, virtual meeting! Presenters will address issues facing employers & consultants, outline opportunities for savings & improvements, and offer solutions. Healthcare webinar included. Learn more.
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![Sponsored by Conference of Consulting Actuaries [CCA] Sponsored by Conference of Consulting Actuaries [CCA]](https://benefitslink.com/bnrs/2026/cca-healthcare26-top.jpg)
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You Can't Miss Work, Get Fired, and Then Try to Call It FMLA Leave
"[T]he employer required employees to report intermittent FMLA absences the same day they occurred. The employee did not do that. Instead, she tried to report the absences the day after she was fired. The retaliation claim failed for the same basic reason. The evidence showed the
termination was based on her failure to return to work when instructed, not on her earlier use of FMLA leave. As the court observed, the record told a simple story -- the employer terminated the employee for an unexcused absence." [Chitwood v. Ascension Health Alliance,
No. 25-1933 (7th Cir. Mar. 3, 2026)] MORE >>
Pierson Ferdinand LLP
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The Growth of Health Plan Claims Audits
"Industry estimates suggest that overpayment error rates range from 2-5% of total claims costs. Audits help uncover issues such as payments for ineligible claimants or services, missed referral requirements, duplicate payments, and benefit maximum violations. They also identify
overpayments and underpayments, facilitate fund recovery, and provide valuable feedback for improving claims processing." MORE >>
McGohan Brabender
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Settlement Dominoes: The FTC's PBM Playbook Is Going Industrywide
"The FTC's original theory -- focused on PBM rebate-driven incentives and formulary design affecting insulin access and patient out-of-pocket costs -- has now produced a detailed, enforceable template in the Express Scripts consent order. If OptumRx and Caremark
reach comparable settlements, the practical outcome could be an industry-wide shift in what regulators (and plaintiffs) treat as the 'baseline' PBM model." MORE >>
Polsinelli PC
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West Virginia Insurance Commissioner Assesses $1.5 Million Penalty for PBM Compliance Violations
"The order followed a market conduct examination that identified multiple violations of West Virginia laws governing PBMs. The enforcement action reflects increasing regulatory scrutiny of PBMs by state authorities. Several states ... have heightened scrutiny regarding
reimbursement practices, rebate administration and relationships with pharmacies and health plans." MORE >>
Duane Morris LLP
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State Enforcement Against PBMs Intensifies: Lessons from Louisiana and West Virginia
"While federal policymakers continue to debate broader reforms to the pharmaceutical supply chain, state attorneys general and insurance commissioners have begun taking matters into their own hands. Recent enforcement actions involving two of the nation's largest PBMs, CVS
Caremark and Express Scripts, illustrate how states are increasingly regulating PBMs and challenging practices that they believe harm independent pharmacies and drive up drug costs." MORE >>
Buchanan Ingersoll & Rooney PC
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Things to Know About Employer-Provided Healthcare Coverage (PDF)
"Employer-provided coverage delivers high-quality, affordable health care for more than half of all Americans ... The vast majority of individuals (89%) with employer-provided coverage are satisfied with their current coverage ... On average, employers pay 84% of
employees' health coverage premiums for a single person, and 75% for a family.... A strong majority of voters (83%) support the current tax treatment of employer-provided coverage[.]" MORE >>
America's Health Insurance Plans [AHIP]
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Update on the Impact of the Inflation Reduction Act (IRA) on OPEB Valuations
"With the changes to the Medicare Part D cost sharing structure behind us, the future impact of the IRA was expected to result in savings. This may still be true, but it's not as simple as applying the negotiated savings to affected market share and assuming the rest of the
market won't be impacted.... [T]he net impact on the total OPEB liability will likely still be small, with higher short-term costs, and it may take a few extra years for plan sponsors to see a meaningful reduction in Rx costs due to the drug price negotiations." MORE >>
Bolton
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[Opinion]
Abandon -- Don't Expand -- High-Deductible Plans Linked to Spending Accounts
"The White House and Congress have coalesced around a health reform concept: promoting high-deductible health plans linked with subsidized spending accounts to pay for out-of-pocket costs. A central argument is that shifting costs from insurance companies to consumers will
encourage them to shop for services, lowering health care utilization, prices, and thus costs.... [This] article reviews the evidence and arguments for this approach, concluding that it should be abandoned rather than expanded. Policy makers could start where the current policy debate is centered: lowering deductibles in the [ACA] health insurance marketplace plans." MORE >>
Health Affairs Forefront
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Benefits in General |
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[Guidance Overview]
Iran Conflict Could Cause Surge in Military Leave Requests
"Given the recent U.S. military engagement in the Middle East, a number of U.S. reservists may be called up for active duty. There are certain steps employers can take now to comply with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and prepare for
potential impacts, especially in industries that tend to have large numbers of service members." MORE >>
Ogletree Deakins
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Health, Voluntary Benefits Face Surging ERISA Litigation; 401(k) Plans Still Targeted
"While health and voluntary benefits are attracting growing attention, 401(k) plans remain the most frequently targeted ERISA plans.... Settlements remain significant but individual participants typically receive modest payouts ... Excessive fee and imprudent investment
cases in 2025 averaged just over $3 million, while tobacco surcharge claims averaged nearly $5 million. Participants generally received $55-$70 per person, with plaintiffs' attorneys taking roughly one-third. Over the past five years, total settlements across ERISA cases have exceeded $1.3 billion." MORE >>
BenefitsPro; registration may be required
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Employee Benefits Jobs
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Press Releases |
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VanEck Digital Asset Products Now Available on Basic Capital’s 401(k) Platform
VanEck
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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The Compliance Risks Hiding in Your Wellness Program
PODCAST
McGohan Brabender
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Stop Loss 101, 201 & Beyond: Fundamentals to Smarter Risk Strategy
PODCAST
Brown & Brown
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When Termination Becomes Litigation Risk: Using Severance Strategically
April 29, 2026 WEBINAR
Constangy, Brooks, Smith & Prophete, LLP
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37th Annual Benefits Compliance Conference
October 29, 2026 in TX
SWBA [SouthWest Benefits Association]
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Last Issue's Most Popular Items |
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Lawsuit Against JPMorgan Chase Over High Drug Costs and Premiums Survives Motion to Dismiss
Reuters; login may be required
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Second Case Challenging Prescription Drug Costs is Dismissed
Groom Law Group
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A Common and Costly Oversight: The Importance of a Written Section 125 Plan
Bricker Graydon Wyatt
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Copyright 2026 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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