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Health & Welfare Plans Newsletter
May 28, 2026
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💼 3 New Job Opportunities
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[Official Guidance]
Text of Agencies' Final Regs: Federal Independent Dispute Resolution Operations (PDF)
607 pages. "This document sets forth these final rules related to certain provisions of the No Surprises Act regarding the Federal independent dispute resolution (IDR) process, which was established as part of the Consolidated Appropriations Act, 2021 (CAA). These rules finalize
new requirements relating to the disclosure of information that group health plans and health insurance issuers offering group or individual health insurance coverage must include along with the initial payment or notice of denial of payment for certain items and services subject to the surprise billing protections in the No Surprises Act. These final rules also require plans and issuers to communicate information by using claim adjustment
reason codes (CARCs) and remittance advice remark codes (RARCs), as specified in guidance, when providing any paper or electronic remittance advice (ERA) to an entity that does not have a contractual relationship with the plan or issuer. This document also finalizes amendments to certain requirements related to the open negotiation period preceding the Federal IDR process, the initiation of the Federal IDR process, the Federal IDR dispute
eligibility review process, and the payment and collection of administrative fees and certified IDR entity fees. This document also finalizes the definition of bundled payment arrangements, amends requirements related to batched items and services and amends the rules for extensions of timeframes due to extenuating circumstances. Additionally, this document finalizes provisions that require plans and issuers to register in the Federal IDR
portal." MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Official Guidance]
Text of CMS 2027 Final Letter to Issuers in the Federally-Facilitated Exchanges (PDF)
38 pages. "This 2027 Final Letter provides updates on operational and technical guidance for the 2027 plan year for issuers seeking to offer qualified health plans (QHPs), including stand-alone dental plans (SADPs), in the Federally-facilitated Exchanges (FFEs) or the
Federally-facilitated Small Business Health Options Programs (FF-SHOPs). It also describes how parts of this 2027 Final Letter apply to issuers in State-based Exchanges on the Federal Platform (SBE-FPs).... The 2027 Final Letter focuses on guidance that has been updated for the 2027 plan year[.]" MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Guidance Overview]
CMS Fact Sheet: Federal Independent Dispute Resolution Operations Final Rule
"These final rules will improve the functioning of the Federal IDR process by streamlining communication between payers, providers, and certified IDR entities and clarifying timelines and processes.... [T]he Departments are finalizing a requirement for payers to communicate
information to providers by using specific claim adjustment reason codes (CARCs) and remittance advice remark codes (RARCs) when they provide any paper or electronic remittance advice to an entity that does not have a contractual relationship with the payer.... [T]he Departments are finalizing several changes to the open negotiation requirements.... the Departments are finalizing a few amendments to the current batching provisions.... The
Departments are also finalizing a revision to the types of extenuating circumstances in which the Federal IDR process time periods may be extended.... The requirement that payers communicate information using CARCs and RARCs and the modifications to the regulations addressing information to be shared about the QPA will take effect on the effective date of the final rules." MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Guidance Overview]
Virginia Employers Brace for Expanded Paid Sick Leave Requirements
"Virginia first adopted paid sick leave requirements in 2021 for home health workers. Now, SB199/HB5 will significantly expand
coverage to all employees of private employers and state and local governments ... Covered employees must accrue a minimum of one hour of paid sick leave for every 30 hours worked, beginning at hire.... The reasons for the use of leave are expanded to include services related to domestic violence, sexual assault, or stalking." MORE >>
Jackson Lewis P.C.
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[Guidance Overview]
Virginia Enacts Paid Sick Leave Law
"Virginia enacted a paid sick leave law that will apply to nearly all employers in the Commonwealth. Covered employees will be able to accrue an hour of paid sick leave for every 30 hours worked. The law will have a staggered implementation date by employer
size." MORE >>
Littler
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[Guidance Overview]
Proposed Rule Would Permit Coverage of Fertility Treatment as an Excepted Benefit
"The proposed rule would permit, but not require, plans to offer coverage on a limited excepted benefit basis for the
diagnosis, mitigation, and treatment of infertility or infertility-related reproductive health conditions provided by medical professionals authorized under applicable law. Participants generally would not be required to enroll in the employer's group health plan coverage in order to enroll in limited excepted benefit fertility coverage." MORE >>
Slevin & Hart, P.C.
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[Guidance Overview]
Proposed Rule to Classify Fertility Benefits as Excepted Benefits
"Under the proposal, fertility benefits will qualify as excepted benefits under the limited excepted benefit category if they
meet the following four requirements (described below in more detail): Coverage must be limited to fertility benefits Benefits cannot exceed the applicable lifetime dollar limit The fertility benefits cannot be an integral part of the plan Participants and beneficiaries must be provided a written notice that describes the coverage" MORE >>
WTW
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Sixth Circuit Underscores ERISA's Broad Preemptive Power
"[T]he Sixth Circuit rejected the opposing approach of other Circuits, which suggested that post-payment reimbursement disputes fall outside ERISA's enforcement provisions.... In distinguishing those cases, the Sixth Circuit pointed out that those decisions involved
situations where the insureds challenged their insurers' reimbursement rights based on a state statute, whereas Mr. Patterson asserted that 'his entitlement to benefits originate[d] with the 'terms and conditions' of his plan -- not some freestanding source of state law.' " [Patterson v. UnitedHealth Group, Inc., No. 25-3175 (6th Cir. Dec. 2, 2025)] MORE >>
FrantzWard
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District Court Denies Marsh's Motion to Dismiss in ERISA Health Plan Suit
"Oregon Potato claims that Marsh violated [ERISA] by using a consulting firm ... to manage the company's health plan.... According to [the lawsuit, the defendants] recommended in 2023 that the company switch from a fully insured health plan to a guaranteed level-funded
premium plan. The arrangement allegedly enabled [the consulting firm] to collect excessive fees and disadvantaged plan participants, who failed to receive medical benefits for the guaranteed premiums they paid." [Oregon Potato Co. v. Strong, No. 25-5139 (E.D. Wash.
Mar. 2, 2026)] MORE >>
Hall Benefits Law
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Legal Risks for Employers During and After FMLA Leave
"Courts across the country continue to see a steady stream of litigation from employees who claim their employers crossed the line between permissible contact and unlawful interference during FMLA leave.... [E]mployers may make reasonable, limited contact with employees on
FMLA leave, but requiring work performance or imposing more than a de minimis burden can support a claim, depending on frequency, tone, and impact." MORE >>
Amundsen Davis
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Employers, Save Yourselves: Healthcare Costs Are Expected to Rise Again in 2026
"For many employers, there's no clear fix to the spending surge. Traditional plan options to lower expenses have netted only limited benefits. High-deductible health plans push the cost to the employee; wellness programs have low uptake and little data supporting their
efficacy; value-based care is difficult to implement; and pharmacy costs continue to rise even with the growth of transparent pharmacy benefit managers (PBMs).... The challenge is implementing changes that fit into the employer's culture so that employees embrace the new approach." MORE >>
Leader's Edge
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Companies Spend Millions on Education Benefits Without Tracking Results
"Seventy percent of employers have defined key performance indicators for those investments, but just 13% conduct standardized recurring reporting ... More than half of organizations surveyed spend at least $1 million annually on education benefits, while nearly one in four
invests $5 million or more." MORE >>
Employee Benefit News [EBN]; login required
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Allegheny County Proposes 18-Week Paid Parental Leave Mandate for Employers
"If adopted, the proposal would require covered employers to provide eligible employees with up to 18 weeks of paid parental leave and to comply with broader paid sick leave requirements. If enacted, Allegheny County would become the first county in Pennsylvania to mandate paid
parental leave for private employers. The proposal is currently in a public comment period and could move toward adoption later this year." MORE >>
Reed Smith LLP
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Employee Benefits Jobs
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Press Releases |
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MetLife Expands Guaranteed Retirement Income Offering with Innovative Flexible Annuity Option
MetLife
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HUB International Expands Global Employee Solutions with Enhanced Global Benefits Practice
HUB International
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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PCORI Fees and MLR Rebates
June 17, 2026 WEBINAR
Savoy
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Last Issue's Most Popular Items |
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Draft of 2026 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage (PDF)
Internal Revenue Service [IRS]
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ACA Employer Mandate Penalties Increase in 2027
HUB International
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Section 419 Plans: The Problem That Never Ends
Fox Rothschild LLP
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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