"The decision reaffirms the circuit's longstanding view that ERISA remand orders generally do not satisfy the final-judgment rule, and it offers procedural guidance on how plaintiffs may seek appellate review after post-remand proceedings conclude." [Kirsten W. v. California Physicians' Service, No. 25-4029 (10th Cir. May 21, 2026; unpub.)]  MORE >>

"Federal courts are seeing a new wave of Employee Retirement Income Security Act (ERISA) suits based on university health plans that allegedly directed plan participants toward university-affiliated providers without appropriate transparency. Current litigation is pending involving Northwestern University and the University of Rochester, both of which utilize tiered network arrangements. According to the plaintiffs' claims, these arrangements result in much higher costs for plan participants who seek care outside the preferred affiliated network."  MORE >>

"Senate Bill 396 ... would establish an insurance fund providing partial wage replacement benefits for employees, independent contractors, and business owners who take qualifying family or medical leave."  MORE >>

"Health insurers facing growing criticism over rising premiums are trying to shift the narrative by portraying hospitals and drugmakers as the real culprits behind health care's affordability crisis.... Insurers and employer-backed advocacy groups ... are running ads pointing out hospitals' outsized presence in some markets, with messages like 'hospital monopolies put profits over patients.' "  MORE >>

"Based on large-employer survey data, 79% were surprised by rate increases, and 94% have experimented with alternative cost-containment approaches. Brokers have said average savings for clients that switch to ICHRAs are 15.5%, but the cost savings may not be the only argument."  MORE >>

"Congress' decision late last year not to extend enhanced marketplace tax credits has boosted the appeal of alternatives to comprehensive insurance ... Unlike plans sold on the exchanges, these options -- some sold by major insurers, others by small companies or nonprofits -- can deny claims with few or no legal rights for consumers to appeal. The plans are not required to cover 'essential health benefits,' such as preventive care, and can impose annual or lifetime caps on benefits. There is debate over whether these options help or harm patients."  MORE >>

"The U.S. House Committee on Education and the Workforce on May 21 advanced a series of bills prohibiting pharmacy benefit managers from providing kickbacks or referral fees to intermediaries [HR 7895], requiring hospitals to adopt accurate billing practices [HR 8684], and extending the deadline for plans to file Form 5500 disclosures [HR 7362]. The bills, each affecting plans governed by [ERISA], may now receive consideration from the full House of Representatives."  MORE >>