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Health & Welfare Plans Newsletter
April 7, 2026
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[Guidance Overview]
Federal Transparency Requirements Proposed for PBMs
"The [DOL's] proposed rule, if finalized, would operate alongside [recent] statutory changes to expand federal
transparency requirements for PBMs serving self-insured group health plans. PBMs would be required under federal law to disclose compensation information to plan fiduciaries while also being required under Arkansas law to disclose reimbursement data to the Arkansas Insurance Department. Though serving different purposes, both types of disclosure are intended to bring transparency to an industry often criticized for operating in the
shadows." MORE >>
Arkansas Center for Health Improvement [ACHI]
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Northwestern Health Plan ERISA Case Survives Motion to Dismiss
"In recognizing that participants can establish standing based on allegations of overpaying for benefits -- rather than needing to show denied coverage or mismanaged assets -- the court distinguished prior precedent like Thole and lowered a key procedural
hurdle. Just as importantly, the judge declined to resolve whether Northwestern acted in a settlor or fiduciary capacity at this stage, emphasizing that decisions around plan design, selection, and monitoring may carry fiduciary obligations subject to later factual scrutiny." [Barbich v. Northwestern Univ., No. 25-6849 (N.D. Ill. Apr. 2, 2026)] MORE >>
Plan Sponsor Council of America [PSCA]
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District Court Finds LTD Policy's Choice-of-Law Clause Determined the Limitations Period
"This decision from the Eastern District of Michigan demonstrates how a group policy’s choice-of-law provision can determine which state’s law governs the limitations period for an ERISA disability claim — and why filing deadline calculations must begin with the
plan’s own terms, not the forum state’s statute of limitations." [Gordon v. Sun Life Assurance Co. of Canada, No. 25-11132 (E.D. Mich. Mar. 31, 2026)] MORE >>
Roberts Disability Law
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Employer-Favorable Trend Emerges from Tobacco Cessation Class Actions
"Employers facing tobacco-surcharge litigation have stronger authority to argue that removing the surcharge prospectively after completion of a cessation program satisfies ERISA's 'full reward' requirement without retroactive refunds.... By treating wellness program
adoption as a settlor function rather than a fiduciary act, the courts provide additional grounds to defeat fiduciary-breach claims tied to the design and funding effects of these programs." MORE >>
Nixon Peabody LLP
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Building a Benefits Dream Team: Choosing the Right Ancillary Partner
"[B]enefit leaders work closely with their brokers to get a broad view of the carriers and solutions that will best meet their needs. In addition to the kinds of benefits they're looking for, they should communicate administrative priorities — such as what kind of
technology is used to simplify processes for both HR and employees, and how the company will be billed — to help brokers curate a strong list of candidates[.]" MORE >>
Employee Benefit News [EBN]; login required
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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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Mark Cuban Backs 'Break Up Big Medicine' as Employer Health Costs Bite
"Billionaire Mark Cuban is calling for the breakup of large, vertically integrated health insurers, arguing that rising employer health care costs are quietly stifling hiring, wages and affordability.... [T]he billionaire contends that, for many companies, health benefits
have effectively become a second payroll line, and that complex, multi-entity insurance structures are helping to drive those costs higher while obscuring where margins are made." MORE >>
Insurance Business
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Reducing Scope of Claims Subject to Prior Authorization (PDF)
" As part of a series of multi-year voluntary commitments announced in partnership with HHS and CMS, leading health plans committed to making specific reductions to the scope of claims subject to prior authorization ... Health plans' efforts to reduce prior
authorization across the markets covered by the commitments will result in approximately 11% fewer prior authorizations occurring in 2026 -- or 6.5 million fewer prior authorizations for patients, which includes a reduction of more than 15% in Medicare Advantage." MORE >>
America's Health Insurance Plans [AHIP]
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Benefits in General |
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[Guidance Overview]
Proposed Rules on Trump Accounts Are Here
"The proposed rules don’t address employer contribution programs, employer “matching” the Treasury’s
contribution, employee salary deductions, investments or ERISA matching considerations ... What do employers need to know? IRS and Treasury are encouraging parents to set up Trump accounts for their children. Parents must actively elect to open an account. Accounts must be set up before an employer can make contributions or deposit salary deductions." MORE >>
International Foundation of Employee Benefit Plans [IFEBP]
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National Employee Benefits Day: A Reflection on What to Expect This Year
"From implementing new tax laws, a flurry of executive orders with implications for both retirement and welfare plans, updated agency guidance, increased litigation and enforcement activity, and updates to longstanding requirements, plan fiduciaries have a great deal to manage as
they work to stay current. Layered onto these federal developments is a growing patchwork of state and local regulation. Jurisdictions continue to expand mandated benefits, including insurance coverage requirements and state retirement savings programs. For plan sponsors operating across multiple jurisdictions, coordinating compliance has become not only an administrative challenge, but a strategic one." MORE >>
Jackson Lewis P.C.
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Last Issue's Most Popular Items |
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Treasury Department Designates BNY as Financial Agent to Support New Trump Accounts Program
U.S. Department of the Treasury
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How Thole's Standing Constraints Keep Shutting Down ERISA Claims
Vorys
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Kaiser Settlement Demonstrates DOL Commitment to Behavioral Health Parity
Hall Benefits Law
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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