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Health & Welfare Plans Newsletter
May 6, 2026
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💼 6 New Job Opportunities
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[Guidance Overview]
Reminder: Exclusion of Interns from Health Coverage Could Trigger ACA Penalties
"Paid interns who average at least 30 hours per week are full-time employees under the ACA. Excluding them from group health plan coverage could trigger employer shared responsibility penalties ... Full-time paid interns may be excluded from coverage without penalty exposure
if they qualify as seasonal employees under a properly structured measurement period. The key word is 'properly.' " MORE >>
Haynes Boone
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[Guidance Overview]
Moving Prior Authorization Into the 21st Century
"Health systems, hospitals, physician practices, electronic health record (EHR) vendors, and digital health developers are now joining payers as a unified coalition aligned around a single mission: making electronic prior authorization work end-to-end, on time, for every patient.
Committed working groups across these stakeholders will align on CMS Interoperability and Prior Authorization Final Rule deadlines, addressing workflow gaps and technical handoffs that no single sector can fix alone. Prior authorization touches every part of the health care system; now, every part has a seat at the table." MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Guidance Overview]
Tennessee’s FAIR Rx Act Marks a Major Escalation in State PBM Reform
"The Tennessee General Assembly recently passed the Freedom, Access and Integrity in Registered Pharmacy Act, known as the FAIR Rx Act (SB 2040/HB 1959). The legislation targets vertical integration in the pharmacy market by prohibiting certain entities from owning or controlling a pharmacy while also owning or controlling a PBM and a
health insurance issuer. This is not a minor transparency bill. It is not simply another reporting requirement. It is a structural reform bill." MORE >>
Buchanan Ingersoll & Rooney PC
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Ninth Circuit Finds LTD Benefit Denial Appropriate Where Process Resolved Structural Conflict of Interest
"The court next addressed the insurer's structural conflict of interest because it served as both the LTD plan's administrator and insurer. It noted that abuse of discretion review is 'tempered by skepticism' and that conflict is to be considered. However, the
court gave this conflict little weight because the insurer's determination was supported by the results of a thorough, neutral and independent review process." [Wallace v. Hartford Life Ins. Co., No. 25-2716 (9th Cir. Apr. 17, 2026)] MORE >>
The Wagner Law Group
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Before You Fire Someone for FMLA Paperwork Problems, Make Sure Your System Worked
"A Wisconsin federal court denied summary judgment to the employer on both FMLA interference and retaliation claims brought by a production employee terminated after his company switched FMLA administration to a third-party administrator whose phone system was, in the
employee's words, 'almost impossible to get ahold of anybody.' The court found a reasonable jury could conclude the TPA's broken system discouraged the employee from taking FMLA leave, and that the employer's stated reasons for firing him were causally connected to his FMLA use." [Severson v. S.C. Johnson and Son, Inc., No. 24-1063 (E.D. Wisc. Apr. 27, 2026)] MORE >>
Pierson Ferdinand LLP
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COBRA Subsidies and Reimbursement, Part 3: Reimbursing COBRA Through Prior Employer's Plan
"Employers often seek to address situations where the waiting period places the company at a competitive disadvantage in recruiting new employees.... In many cases, a practical solution to address this waiting period issue is for the employer to reimburse all or a portion of the
employee's COBRA premium for coverage through a prior employer.... Reimbursing the COBRA premium helps offset that expense and facilitate the temporary coverage bridge before enrollment in the new employer's plan." MORE >>
Newfront
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From Rising Costs to Resilient Strategies: A Playbook for Benefits in 2026
"To stabilize benefits budgets and prepare for the future, employers can focus on three structural priorities to redefine and manage healthcare costs. [1] Start renewal planning early ... [2] Leverage predictive analytics to negotiate better pricing and forecast
risks ... [3] Use data warehouses to help integrate and analyze claims." MORE >>
Gallagher
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OCR Settles HIPAA Enforcement Action Against Employer-Sponsored Health Plan for Ransomware Attack
"Under the settlement, the Plan agreed to pay $245,000 to OCR and to implement a two-year corrective action plan. While OCR
routinely enters into settlement agreements with regulated entities, actions directly targeting employer-sponsored group health plans remain relatively rare, making this case noteworthy for plan sponsors." MORE >>
Haynes Boone
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Why Industry‑targeted Compensation and Benefits Benchmarking Matters More Than Ever in 2026
"Only about 24% of manufacturing employers report having a comprehensive wellbeing strategy that focuses on the 'whole employee'. In healthcare, that figure rises to just 29% -- a sign of growing recognition of stress and burnout, but also of ongoing capacity
constraints. Among financial institutions, 39% of organizations report a comprehensive whole‑employee wellbeing strategy ... Without industry‑specific benchmarking, an employer could easily misread whether its wellbeing offer is table stakes or truly differentiating for its sector." MORE >>
Gallagher
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Post-Enrollment Strategies: Plan Sponsors Can Empower Employees to Maximize Their Benefits
"Enrollment may be over, but your communication shouldn’t stop. Here’s how to talk to your employees year-round to help them appreciate their benefits and make smart decisions." MORE >>
Milliman
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Benefits in General |
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Fourth Circuit Outlines Factors to be Used When Evaluating ERISA Status of a Bonus or Incentive Plan
"While the Morgan Stanley dispute is still pending in the Southern District of New York, recent developments in the Fourth Circuit have indirectly affirmed the conclusion of the [DOL Advisory Opinion 2025-03A] by establishing certain factors that the court used to determine ERISA versus non-ERISA status with respect to compensatory arrangements.... The Fourth Circuit established a non-exhaustive list of six factors to be considered when determining whether an incentive compensation program is an ERISA-exempt bonus
plan." [Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 25-1385 (4th Cir. Apr 14, 2025)] MORE >>
Boutwell Fay LLP
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Employee Benefits Jobs
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Press Releases |
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Innovation and Impact Recognized at PSCA's 2026 National Conference
PSCA [Plan Sponsor Council of America]
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CavMac Launches New Pension Portal to Enhance Public Sector Defined Benefit Plan Administration
CavMac
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Vestwell Selected by Intuit as Exclusive Partner to Deliver QuickBooks 401(k) to Millions of Small and Mid-Market Businesses
Vestwell
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Benefit Claims Administration: Avoiding Mishaps and Litigation, Compliance Challenges for ERISA Counsel
June 2, 2026 WEBINAR
BARBRI
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Employer-Sponsored Health Plan Federal Regulation: ACA, COBRA, ADA, CAA, MHPAEA; Reporting Requirements
June 16, 2026 WEBINAR
BARBRI
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HSA University
July 9, 2026 WEBINAR
Ascensus
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Last Issue's Most Popular Items |
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Text of DOL Advisory Opinion 2026-01A: Idaho Farm Bureau Group Health Plan Constitutes an ERISA Employer Association Plan
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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Why DOL Administrative Bulletin 2026-01 Will Not, and Should Not, Withstand Judicial Scrutiny
The Prudent Investment Adviser Rules
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Savings from Most-Favored-Nation Drug Pricing Policy (PDF)
Executive Office of the President
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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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