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Health & Welfare Plans Newsletter
May 19, 2026
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💼 5 New Job Opportunities
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[Guidance Overview]
The ACA Double Penalty: The Receipt ID Is the Only Document That Proves an IRS Filing Actually Occurred
"For applicable large employers (ALEs) that outsource the Forms 1094-C and 1095-C filing process to a third-party vendor,
this enforcement reality has exposed a quietly devastating fact: the IRS does not care what the vendor told the employer. The IRS cares about what the vendor actually transmitted to the IRS and the only document that proves a transmission was received and accepted is the Receipt ID." MORE >>
Accord
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[Guidance Overview]
Tri-Agencies' Proposed Rule Would Create Limited Excepted Benefit for Fertility Benefits
"The NPRM does not appear to cover elective fertility treatments for those without an infertility diagnosis (for example,
elective egg-freezing). There is a brief indication in the preamble that the Tri-Agencies may intend to provide employers more flexibility to cover additional benefits.... [P]lan sponsors who wish to rely on this new limited excepted benefit will want to ensure that the benefits provided fit into the final definition of 'fertility benefits' once published." MORE >>
Eversheds Sutherland
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[Guidance Overview]
Medicare Part D Regulations Bring Changes for Health Plan Sponsors
"In final regulations ... [CMS] introduced several updates intended to simplify compliance and reduce administrative
burdens ... This article outlines the key regulatory changes, including a new exemption for account-based medical plans from the Part D creditable coverage reporting requirements, and the phase-out and replacement of the former simplified determination method for determining group health plan creditable coverage status, and highlights practical considerations for plan sponsors preparing for the new requirements." MORE >>
Reinhart Boerner Van Deuren s.c.
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[Guidance Overview]
White House Fact Sheet: Expansion of TrumpRx.gov
"Beginning today, TrumpRx.gov will feature more than 600 generic medications. Americans will be able to clearly and
transparently understand the most competitive cash prices of their medications without insurance middlemen, encouraging them to compare against co-pays offered by their insurance company. Patients will be able to compare the best cash prices available to them at their local pharmacies and through delivery options offered by various private pharmacy programs." MORE >>
Executive Office of the President
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[Guidance Overview]
HHS Finalizes Sweeping Marketplace Changes: Higher Bronze Deductibles and Expansion of Catastrophic Plans
"This year's final rule [is] among the more ambitious rules in terms of the scope and scale of the changes. The final
rule touches on topics such as expanded access to catastrophic plans with even higher out-of-pocket costs; new rules for the defrayal of state-mandated benefits; burdensome verification requirements; the elimination of standardized plans; and new policies to implement various provisions of the One Big Beautiful Bill Act (OBBBA). HHS finalized most of the changes in the proposed rule, although it delayed implementation of some of these
policies and reduced user fees." MORE >>
Health Affairs Forefront
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[Guidance Overview]
Chicago Refines Paid Leave Rules Ahead of June 1 Effective Date
"The rules primarily clarify existing requirements and expectations, including permissible use in childcare disruption scenarios, and employer authority to address patterned misuse, while introducing explicit standards for joint‑employer and successor liability and reaffirming
that compliant combined PTO policies remain permissible." MORE >>
Littler
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Voluntary Benefit Programs Under Fire: What Employers Need to Know Now
"ERISA class actions targeting voluntary benefits are on the rise. Plaintiffs allege employers and brokers breached fiduciary duties through self-dealing and excessive commissions. The strongest defense is proving ERISA doesn't apply. The DOL safe harbor exempts programs
where the employer doesn't contribute, participate, or endorse beyond minimal involvement. Employers should take proactive steps now. Audit safe harbor compliance, document governance processes, and map all service provider compensation." MORE >>
Fox Rothschild LLP
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How Leading Health Plans Are Rethinking the Claims Experience
"For years, the claims experience has been one of the most friction-heavy touchpoints in healthcare.... [T]wo major plans [are] addressing this from different angles: Aetna through contextual cost explanation at the point of confusion, and UnitedHealthcare through a structured,
self-service submission overhaul.... One tackles post-service, helping members understand a claim after it has been processed. The other addresses submission, reducing friction when members initiate a claim. Together, they reflect a maturing view of what claims look like in the digital experience." MORE >>
Corporate Insight
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Eroding ACA Enrollment Portends Higher Insurance Rates
"While available data on premium payments is mainly from January, a few states that run their own ACA markets have released information for later months. The sharpest drop in people paying premiums, based on limited data, is in Georgia, which saw a 28% drop in April compared with
the same period a year ago ... The initial results come amid rising public concern about affordability[.]" MORE >>
KFF Health News
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[Opinion]
Why the Next 24 Months Will Decide Which TPAs Still Matter in an AI-Native Market (PDF)
"When a carrier can automate a simple auto or workers' comp claim in-house or buy that capability from an AI-native competitor at outcome-based pricing, every manual-labor full-time equivalent on a TPA's P&L becomes a margin drag, not a moat. The acquirer's
playbook that built the industry's current champions will not build the next decade's winners.... The next decade's TPA champion will be the first mover that credibly prices its AI-enabled service below the carrier's in-house build-or-buy alternative, and backs that price with outcome-linked accountability." MORE >>
Alvarez & Marsal
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[Opinion]
Decapitating the Carrier Network
"For decades, the standard insurance carriers have ... convinced self funded employers that without a legacy PPO network, their plans would collapse into a chaotic mess of balance bills and member disruption.... But the landscape of commercial health insurance just shifted
permanently in Indiana. The Hoosier state has done something entirely new, and it provides an exquisite blueprint for how forward thinking employers can completely eliminate the legacy carrier network once and for all." MORE >>
Craig Gottwals via Substack; login may be required
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Benefits in General |
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AI Enters ERISA’s Document-Heavy World, Promising Benefits and Revealing Risks
"In the document-heavy world of retirement and benefits plans, attorneys tell of how AI has changed -- some for the better, some for the worse, some to be determined -- the way some legal work is done. Legal experts say plan sponsors can best use the technology through
AI legal review, such as reviewing documents, which allows plan sponsors to be more informed when they meet with counsel. They caution, however, that they could violate their fiduciary duties by over-relying on the technology." MORE >>
PLANSPONSOR; registration may be required
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Employee Benefits Jobs
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Press Releases |
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Insured Retirement Institute Announces Retirement of Paul Richman, Chief Government and Political Affairs Officer
Insured Retirement Institute [IRI]
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Holland & Knight Welcomes Executive Compensation Attorney Sarah Burke to New York Office
Holland & Knight
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Ascensus Strengthens Retirement Leadership Team to Accelerate Growth
Ascensus
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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PharmaLogic® Spotlight Q2 2026 Webinar
June 11, 2026 WEBINAR
Brown & Brown
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Last Issue's Most Popular Items |
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Text of CMS Final Regs: ACA, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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Compliance Checklist: Employee Marriage (PDF)
Gallagher
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HIPAA Security Rule Compliance: A $245K Reminder
WTW
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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