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Health & Welfare Plans Newsletter
April 17, 2026
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[Guidance Overview]
CMS Exempts HRAs from Medicare Part D Creditable Coverage Disclosures, Announces 2027 Part D Benefit Parameters (PDF)
"Sponsors of HRAs and other account-based plans, which are typically offered alongside major medical plans, will welcome the relief from providing burdensome and potentially confusing Part D creditable coverage notices. Sponsors of plans that remain subject to the disclosure
requirements should use the 2027 parameters when determining whether their plans' prescription drug coverage is creditable for that year." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
What Plan Fiduciaries Need to Know about the DOL’s Proposed PBM Transparency Regulations
"If finalized, the proposed regulations could significantly alter how employer health plans evaluate PBM arrangements.... Plan fiduciaries would have greater access to data necessary to assess whether PBM compensation is reasonable and whether PBM arrangements present conflicts
of interest.... The new disclosure regime may affect contract negotiations, particularly regarding rebate pass-through structures, spread pricing arrangements, and audit rights and reporting obligations.... Greater transparency could increase litigation risk where PBM compensation appears excessive or inconsistent with fiduciary duties under ERISA." MORE >>
Boutwell Fay LLP
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Sixth Circuit Holds Tennessee PBM Network and Steering Rules Are ERISA‑Preempted
"McKee confirms that there are limits to state PBM regulation. States may regulate PBM reimbursement rates and other costs, but when they: Require inclusion of all willing pharmacies in networks, or Prohibit differential copays and other steering mechanisms within
networks, they are dictating ERISA plan structure and administration and risk preemption, at least as applied to self‑funded plans." [McKee Foods Corporation v. BFP Inc., No. 25-5416 (6th Cir. Apr. 7, 2026)] MORE >>
Troutman Pepper
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$3 Million Settlement Approved in ACA Section 1557 Dispute Over Hearing Aid Exclusion (PDF)
" This settlement highlights the ongoing legal risks for plan sponsors and insurers that maintain broad exclusions for items or services closely associated with a disability. Although the settlement is not an admission of wrongdoing, it underscores that even seemingly
neutral plan terms can be challenged as discriminatory under ACA Section 1557. Plan sponsors should review their plan documents for exclusions that may have a disproportionate impact on individuals with disabilities and consider the potential for proxy discrimination claims" MORE >>
Thomson Reuters / EBIA
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Five Myths That Are Driving Health Care Costs For Employers
"Employers don't lower healthcare costs by shifting them -- they lower costs by shaping how decisions get made. Healthcare costs will always be influenced by factors outside any single employer's control. But employers have more influence than they think, especially
when they treat health benefits like a product for their employees and apply the same discipline they do to other major spends." MORE >>
Forbes; subscription may be required
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More Employers Considering Medical, Pharmacy Vendor Switch Amid Rising Healthcare Costs
"This year, 37% of the PBGH's members have issued a 'request for proposals' for medical benefits, meaning they're shopping between insurance providers. The last time the PBGH surveyed its members on this issue, in 2024, just 12% of employers were conducting a
medical RFP." MORE >>
HR Dive
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Most Support GLP-1 Coverage, But Cost and Coverage Gaps Limit Access (PDF)
"[M]ost privately insured adults believed GLP-1 medications should be covered by health insurance, indicating broad support for coverage of these treatments among consumers. However, one-half did not know if they were covered by their plan. Among those who said they were covered,
one-third reported that they were only covered for diabetes, one in 10 reported that they were only covered for obesity, and four in 10 reported that they were covered for both." MORE >>
Employee Benefit Research Institute [EBRI]
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Providers' Advantage on OON Billing Disputes Likely to Continue
"Insurers hoping for a reprieve from an out-of-network billing system largely favoring healthcare providers will likely be left wanting as federal policymakers sit on their hands and one large payer's bid to limit the claims faces an uphill battle, strategy firm Capstone
concluded in a new report. A quarter-by-quarter rise in total payment dispute volumes is likely to continue due to the structural incentives for providers to engage in the process ... Such a trend would be slightly positive for hospitals, solidly beneficial for specialty providers and a roadblock for payers -- 'however, employers could face an additional burden,' they said." MORE >>
FierceHealthcare
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[Opinion]
Making Employer Health Plans More Flexible and Transparent
"Variable copay plans are some of the fastest growing commercial offerings by carriers. Metrics from insurance carriers show that members enrolled in these plans have cut their out-of-pocket costs by upwards of 50%, and that employers can achieve an estimated 7-12% savings.
That’s a meaningful opportunity to improve health care affordability." MORE >>
Forbes; subscription may be required
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Benefits in General |
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[Guidance Overview]
Trump Accounts: Overview and Policy Considerations
"Trump Accounts are a new form of traditional individual retirement account (IRA) that the 2025 reconciliation law (P.L. 119-21) created for the benefit of children. Savers will be able to contribute to Trump Accounts starting on July 4, 2026.... Anyone can contribute to a
child's Trump Account, although individual contributions during the growth period are not tax-deductible for either the contributor or the beneficiary. Employers can contribute up to $2,500 (adjusted for inflation after 2027) tax-free to the Trump Accounts of employees or their dependents (amount is per employee, per year)." MORE >>
Congressional Research Service [CRS]
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EBSA Chief Warns Against ERISA Litigation Abuse, Regulatory Overreach
"Aronowitz testified that fiduciaries are 'paralyzed with very rational fears' about litigation, and this 'stifles innovation in plan design' to the detriment of plan participants. Many of these lawsuits amount to 'unfair, hindsight second guessing,' he
argued. He added that many fiduciary meetings focus on avoiding litigation rather than helping their participants." MORE >>
American Retirement Association [ARA]
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Press Releases |
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DOL Recovers $30k After Employer Violates Worker's Family and Medical Leave Act Rights
U.S. Department of Labor [DOL]
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Congruent Solutions Launches CORE PlanSuite to Transform Retirement Plan Onboarding and Creation
Congruent
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ShareBuilder 401k Introduces Roth 401(k) Feature to Solo 401(k) Saver
Sharebuilder 401k
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Compliance Office Hours: Fringe Benefits
ON-DEMAND WEBINAR
Newfront
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Last Issue's Most Popular Items |
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MHPAEA Compliance Still Required for Self-Funded Plans
WTW
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Responding to a Breach of HIPAA-Protected Information
Vorys
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ERIC Comment Letter to EBSA on Proposed ERISA Section 408(b)(2)(B) Compensation Disclosure Regs (PDF)
The ERISA Industry Committee [ERIC]
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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