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Health & Welfare Plans Newsletter

April 20, 2026

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[Official Guidance]

Text of IRS Updates to Frequently Asked Questions About Educational Assistance Programs

"These frequently asked questions supersede earlier FAQs that were posted in FS-2024-22. This fact sheet [FS-2026-10] updates frequently asked questions related to educational assistance programs under section 127 of the Internal Revenue Code (a section 127 educational assistance program). The FAQ revisions are as follows: [1] Revised background description; [2] Revised throughout for One, Big, Beautiful Bill Act amendments and minor clarifications and renumbering; [3] Modified sample plan."  MORE >>

Internal Revenue Service [IRS]

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 Locke

What Are the Recent Trends in Employer-Based Health Coverage?

"In March 2025, 60.0% of the non-elderly, or about 165.6 million people, had ESI. About four in five (80.4%) adult non-elderly workers worked for an employer that offered ESI to at least some employees, a share that has been consistent over recent years. The share of workers eligible for ESI at their job declined slightly over the past few years, from 75.3% in March 2023 to 74.6% in March 2025. Most eligible workers who do not take up ESI offered at work cite other coverage (63.0%) and cost (30.2%) as the reason."  MORE >>

The Peterson-Kaiser Health System Tracker

AI Agents Are Equipped to Handle Complex Open Enrollment Questions

"Open enrollment is one of the most important workplace processes, accounting for nearly 40% of labor costs ... Ensuring the process meets employees' evolving needs is increasingly critical, and for many organizations, investing in and leveraging AI agents may be a good way to improve support and keep up with workers' more involved queries."  MORE >>

Employee Benefit News [EBN]; login required

ERISA Health Data Breaches Fuel Fraud Risk

"More than 400 million health insurance identities have been breached or compromised since 2021 alone. Yet no breached entity, employer, third-party administrator (TPA) or health insurance carrier has offered any protection against identity theft and fraud against health insurance benefits. This is potentially a large, yet unaddressed risk to plan sponsors and their servicers that benefit brokers and advisers need to help their employer clients guard against."  MORE >>

Employee Benefit News [EBN]; login required

U.S. Healthcare System Facing Crisis with Rising Demand for GLP-1 Drugs

"One nonprofit hospital system in Pennsylvania, Jefferson Health, said the cost of GLP-1 drugs has jumped to 40% of its insurance spending. As a result, the organization's CEO, Dr. Joseph Cacchione, stated the issue led to more than 600 employees being laid off. Last year, the costs left Jefferson Health's insurance arm with a reported loss of nearly $180 million."  MORE >>

MSN News

In Connecticut, Doctors Now Sue Patients Most Over Medical Bills, Surpassing Hospitals

"Lawsuits by doctors and other nonhospital providers now dominate health care collections in Connecticut, the records show, accounting for more than 80% of cases filed against patients and their families in 2024. That's a major reversal from just five years earlier, when hospital system lawsuits made up three-quarters of health-related collection cases in the state's courts.... The lawsuits are typically over bills of less than $3,000[.]"  MORE >>

KFF Health News

Three Months Into Minnesota's Paid Leave Plan, Interest Still Higher Than Expected

"Officials predicted 130,000 applications for the entire year; 62,000 people applied by the end of March.... Small-business employers report varied experiences with the program, with some grateful for the chance to offer workers a benefit they previously couldn't afford while others bemoan the added cost and last-minute gaps that create administrative headaches."  MORE >>

StarTribune

[Opinion]

Reference-Based Pricing Is a Leadership Decision, Not a Plan Design

"Reference-based pricing is a mechanism for an employer to say, contractually and clearly, that the plan will pay a fair and defined rate, typically 120 to 140 percent of Medicare, rather than whatever number a revenue cycle department conjures. The math is straightforward. The fairness argument is airtight. The legal framework is solid. What is not straightforward is the organizational commitment required to make it stick. That is the part most brokers gloss over, most consultants underestimate, and most employers discover too late."  MORE >>

Craig Gottwals via Substack; registration may be required

Benefits in General

[Guidance Overview]

DOL Issues New EBSA Enforcement Priorities: Key Considerations for Plan Sponsors

"[T]he Memorandum represents a significant recalibration of EBSA's enforcement approach with the apparent intent of providing greater predictability for plan sponsors and fiduciaries. Plan fiduciaries should nonetheless remain vigilant, particularly with respect to the enforcement priorities included in the Memorandum."  MORE >>

Bryan Cave Leighton Paisner LLP

[Guidance Overview]

Compliance Checklist: Military Leave

"This checklist helps employers understand their obligations when an employee notifies them of a need for military leave. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides federal job protection to employees serving in uniformed services, which include active and inactive duty and training in the armed services, reserves, National Guard or Air National Guard, and more."  MORE >>

Arthur J. Gallagher & Co.

[Guidance Overview]

New Virginia Non‑compete Restrictions Become Law

"Under SB170, if an employee with a non‑compete is fired 'without cause,' then the non‑compete is unenforceable unless the employer provides 'severance benefits or other monetary payment,' which must be 'disclosed upon execution' of the agreement. The law does not define 'cause,' 'severance benefits,' or 'other monetary payment.' Nor does the law mandate that the required monetary payment fully compensate the employee for the restricted period. The law affects only non‑competes entered into or amended on or after July 1, 2026."  MORE >>

Hunton Andrews Kurth LLP

OPTIONS Act Would Allow Employee Allocation of Employer Contributions Across Tax‑free Benefits

"PLR 202434006 permitted an election between a defined contribution plan, an HRA, an HSA, and student loan payments under a qualified educational assistance program. The [OPTIONS Act (HR 8314)] goes beyond that and allows an election for any benefits that are excluded under the Code. Presumably, this would include benefits such as a dependent care assistance program and a Trump Account."  MORE >>

Groom Law Group

Press Releases

ASC and SinglepointAI Announce Strategic Partnership to Streamline Data Automation for TPAs and Recordkeepers

ASC

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Trump Accounts: What We Know, What We’re Waiting For

ON-DEMAND WEBINAR

Thompson Hine LLP

2026 DOL Employee Benefit Plan Enforcement Priorities

ON-DEMAND WEBINAR

NFP Corp.

Last Issue's Most Popular Items

Trump Accounts: Overview and Policy Considerations

Congressional Research Service [CRS]

$3 Million Settlement Approved in ACA Section 1557 Dispute Over Hearing Aid Exclusion (PDF)

Thomson Reuters / EBIA

What Plan Fiduciaries Need to Know about the DOL’s Proposed PBM Transparency Regulations

Boutwell Fay LLP

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

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