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Health & Welfare Plans Newsletter

June 1, 2026

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[Official Guidance]

Text of CMS Notice of Vacatur Regarding Certain Provisions of the 2024 Nondiscrimination in Health Programs and Activities Final Rule

"This is to inform the public that, on October 22, 2025, the United States District Court for the Southern District of Mississippi issued an order ... vacating portions of the final rule titled 'Nondiscrimination in Health Programs and Activities,' published May 6, 2024. Specifically, the court vacated certain provisions of the regulation to the extent they expand Title IX's definition of sex discrimination to include gender-identity discrimination. Pursuant to the court's order, the vacated provisions are legally void. The other provisions of the Section 1557 Rule remain in force." [Tennessee v. Kennedy, No. 24-0161 (S.D. Miss. Oct. 22, 2025)]  MORE >>

Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Guidance Overview]

2027 HSA and Excepted Benefit HRA Limits Announced (PDF)

"Starting in 2007, the Tax Relief and Health Care Act of 2006 (TRHCA) requires that the IRS release the upcoming year's new HSA and Excepted Benefit Health Reimbursement Arrangement (EBHRA) limits prior to June 1st. Thus, we now have the 2027 limits[.]"  MORE >>

Kushner & Company

[Guidance Overview]

Fertility Benefits Proposed as New Category of Excepted Benefits (PDF)

"The proposed Rule would treat standalone fertility benefits in the same excepted manner as limited scope dental and/or vision coverage and would permit group health plans to provide a new benefit for the diagnosis, mitigation, or treatment of infertility or related reproductive health conditions, on either a self-insured or fully insured basis. The benefits would need to be: [1] provided under a separate policy, certificate, or contract of insurance; or [2] otherwise not an integral part of the employer's group health plan."  MORE >>

Gallagher

[Guidance Overview]

Massachusetts Sets 2027 Individual-Mandate Coverage Dollar Limits

"The Massachusetts Health Connector has published 2027 dollar limits on deductibles and other cost sharing for minimum creditable coverage (MCC), as required by regulations. The Massachusetts individual mandate, in effect since 2007, requires state residents to maintain MCC or face a potential state tax penalty."  MORE >>

Mercer

Two Recent Massachusetts PFML Cases Provide Cautionary Reminders

"While the Laughlin case provides welcome clarity on the scope of potential defendants under PFML, it is clear from the recent jury verdict that the statute still carries significant financial exposure and a plaintiff-friendly framework. Employers should take the opportunity to ensure their PFML policies and practices are optimized to protect against potential PFML claims[.]" [Laughlin v. BinStar, Inc. (Delaware), No. 2584CV01816 (Mass. Super. Ct. Feb. 26, 2026)]  MORE >>

Mintz

Telehealth Booms as Demand for GLP-1s Surges and Questions Mount About Safety, Oversight

"Most patients who have taken a GLP-1 received their prescription through a primary care doctor or a specialist ... But as the uptake of telehealth has grown substantially ... millions of Americans [have] used online companies to meet a variety of their medical needs. Many of the companies have started offering GLP-1 medications for weight loss as demand for these drugs has exploded. But certain medication errors tied to GLP-1s have exploded too ... and physicians and telemedicine researchers worry that adverse experiences tied to telehealth companies are becoming more common."  MORE >>

KFF Health News

Paid Time Off and Cardiovascular Disease Events: The Health and Retirement Study, 2010-2022

"Several studies demonstrate the relationship between workplace benefits and cardiovascular disease (CVD) risk. The objective of [this] analysis was to evaluate the relationship between access to employer based paid time off and risk of incident CVD events in a sample of working older adults in the U.S.... 81.5% of [the] sample had paid time off benefits. In adjusted models, persons with access to paid time off benefits had a 32% lower risk of a CVD event over 6-14 years (mean 7.5 years) of follow up."  MORE >>

Health Affairs Scholar

Allegheny County Considers Requiring Employers Provide Paid Parental Leave

"Currently, Pennsylvania does not provide any statewide paid parental leave. Allegheny County's Board of Health proposes amending ... Regulations to require employers to provide all employees working in Allegheny County with up to 18 weeks of paid parental leave after the birth, adoption, or legal placement of a child, regardless of the size of their employer. As proposed, parental leave can be taken anytime within 18 months of the qualifying event."  MORE >>

Jackson Lewis P.C.

Press Releases

Michael Best Welcomes Steve Flores as Executive Compensation Partner in Labor and Employment Practice

Michael Best & Friedrich

OneAmerica Financial® Selects FINEOS AdminSuite to Modernize and Enhance Employee Benefits Customer Experience

OneAmerica Financial

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Vetoed No More: Virginia’s New Paid Leave Landscape

PODCAST

Seyfarth Shaw LLP

Last Issue's Most Popular Items

Text of IRS Rev. Proc. 2026-24: 2027 Inflation Adjusted Amounts for Health Savings Accounts (HSAs) and Maximum Amount for Excepted Benefit Health Reimbursement Arrangements (HRAs) (PDF)

Internal Revenue Service [IRS]

'Voluntary' Benefits: Are Your Programs Actually Exempt from ERISA?

Spencer Fane

Proposed Rule Will Allow Employers to Establish Stand-Alone Fertility Benefits

Trucker Huss

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

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