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Health & Welfare Plans Newsletter

April 15, 2026

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💼  3 New Job Opportunities

 

[Guidance Overview]

Exceptional Usefulness and Quality icon The Hidden Costs of Inaccurate ACA Reporting: What Your Vendor Is Not Telling You

"Every year, thousands of Applicable Large Employers (ALEs) across the country hand off their ACA reporting obligations to a payroll vendor, a benefits administrator, or a general-purpose HR technology platform and trust that the job is being done correctly.... [T]he accuracy of the Forms 1094-C and 1095-C matters enormously ... This article is for employers who want to understand what accurate ACA reporting actually looks like -- and for the brokers and advisors who serve them. Because the stakes are too high to leave this to chance."  MORE >>

Accord

[Guidance Overview]

Maryland FAMLI Program Rules, Part I: Online Account and Notices

"The final regulations, effective March 30, 2026, preserve much of the proposed framework with certain refinements.... Key provisions of the regulations related to important definitions, the creation of online employer accounts, and mandatory notices are summarized below. Subsequent articles in this series will address the claims process, leave entitlements, EPIPs, and dispute resolution."  MORE >>

Ogletree Deakins

Preemption Shields PBMs from Tennessee's Regulations

"The court examined separately the 'any-willing-provider' provisions and the 'incentive provisions' of Tennessee's PBM laws. The 'any-willing-provider' provisions required plans to admit into their networks any pharmacy willing to accept the terms and conditions of the plans. The court found that these laws were preempted by ERISA because they mandated a specific benefit structure, governed a central matter of plan administration, and disrupted nationally uniform plan administration." [McKee Foods Corporation v. BFP Inc., No. 25-5416 (6th Cir. Apr. 7, 2026)]  MORE >>

Kantor & Kantor

He Was Put on a PIP the Day He Returned from FMLA Leave; His Employer Still Won

"A manufacturing engineer was placed on a PIP immediately after returning from his third FMLA leave and later terminated. He sued for race discrimination, retaliation, and FMLA retaliation. The Eleventh Circuit affirmed summary judgment for the employer on all claims. Suspicious timing alone doesn't establish pretext when the employer has legitimate, documented performance reasons, and the plaintiff couldn't show the performance justification was false." [Cooper v. Airbus Americas, Inc., No. 25-10378 (11th Cir. Mar. 27, 2026; unpub.)]  MORE >>

Pierson Ferdinand LLP

States' Efforts to Rein in PBMs Hit a Legal Roadblock

"A federal appeals court last week ruled against Tennessee in a case over whether the state could require PBMs to partner with any pharmacy that's willing to accept their terms and conditions. That followed rulings against PBM laws in Iowa and Oklahoma that courts found were preempted by the federal ERISA law."  MORE >>

AXIOS; login may be required

The Illusion of PBM Transparency: What Plan Sponsors Must Learn from the OPM OIG Audit of CVS Caremark

"The OIG concluded that CVS Caremark overcharged the Carrier and the Federal Employees Health Benefits Program by $615M ... That is a blunt reminder that a contract labeled 'transparent' does not necessarily yield transparent results. It also confirms something plan sponsors in the commercial market should already understand: the real fight is not over labels. It is over definitions, controls, data access and the PBM's ability to decide what counts as its cost and what value must be shared with the plan."  MORE >>

Buchanan Ingersoll & Rooney PC

New Mental Health Parity Index Outlines Where Disparity Persists

"The new Mental Health Parity Index identifies disparities in 43 states in terms of access to in-network mental health and substance abuse treatment in comparison to physical health. The analysis found that patients in seven out of 10 counties face challenges in accessing in-network mental healthcare. The index ... [is] based on data from the four largest commercial insurers."  MORE >>

FierceHealthcare

Bill Introduced to Force Payers to Apply DTC Drug Purchases to Deductibles

"[The Every Dollar Counts Act] would compel insurers to apply the cost for drugs purchased from direct-to-consumer platforms to deductibles and out-of-pocket maximums.... Using these platforms, patients can often find prices that cost far less out-of-pocket, especially for branded drugs ... As many health plans do not count these purchases toward annual deductibles or out-of-pocket limits, it can lead some patients to face higher financial burdens and access challenges[.]"  MORE >>

FierceHealthcare

NLRB Maintains McLaren Severance Agreement Standard -- for Now

"[T]he Board applied McLaren, a significant 2023 decision holding that merely offering a severance agreement with overly broad confidentiality or non-disparagement provisions may violate the National Labor Relations Act. Applying that standard, the Board found Prime Communications violated Section 8(a)(1). The Board ordered Prime Communications to rescind the unlawful provisions, notify affected former employees, and post a remedial notice." [Prime Communications, No. 16-CA-309916 (Apr. 7, 2026)]  MORE >>

Franczek P.C.

Benefits in General

[Official Guidance]

IRS Disaster Relief Announcement MS-2026-01, for Mississippi Taxpayers Impacted by Severe Winter Storm

"[I]ndividuals and businesses in Mississippi affected by the severe winter storm that began on Jan. 23, 2026 ... now have until June 8, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in [all 82 counties of] Mississippi qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

DOL Announces Shifts in Enforcement Emphasis

"The overall shift [described in FAB 2026-01] seems to be an emphasis on violations of loyalty, rather than prudence. At a high level, this suggests a lowered focus on technical mistakes, good-faith process errors, and 'gray-area' interpretations -- and a heightened emphasis on self-dealing, hidden conflicts of interest, misuse of plan assets, and acting for reasons other than participants' benefit."  MORE >>

American Retirement Association [ARA]

Lawmakers Urge DOL Inspector General to Probe ERISA Advisory Council Dormancy

"Democrat leaders in the House of Representatives called on the Inspector General for the [DOL] to look into why the ERISA Advisory Council (EAC) has not met since 2024 and has not been carrying out its required duties or swearing in new members."  MORE >>

Plan Sponsor Council of America [PSCA]

Employee Benefits Jobs

💼

Relationship Manager for Defined Benefits

Daybright Financial

Remote

View job as Relationship Manager for Defined Benefits for Daybright Financial

💼

Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

💼

Team Leader - Retirement Plan Administration

Cetera Retirement Plan Specialists

Coppell TX / West Des Moines IA / Hybrid

View job as Team Leader - Retirement Plan Administration for Cetera Retirement Plan Specialists

Press Releases

October Three Acquires Broker Educational Sales & Training, Inc.

October Three, LLC

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

PBMs Under the Microscope: ERISA Fiduciary Risk, Transparency Mandates, and the New Regulatory Order

April 22, 2026 WEBINAR

American Bar Association Joint Committee on Employee Benefits [JCEB]

Last Issue's Most Popular Items

Text of EBSA Field Assistance Bulletin No. 2026-01: Guiding Principles for EBSA Enforcement Priorities

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

CMS Excludes Account-Based Plans from Medicare Part D Notices

Nixon Peabody LLP

New Coding for Maternity Care to Take Effect in 2027 (PDF)

AON

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

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