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Health & Welfare Plans Newsletter

June 10, 2026

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[Guidance Overview]

Pay(or) Attention, Drug and Device Makers: FDA’s New Guidance for Talking to Health Plans

"On June 3, the [FDA] released a revised draft guidance on what drug and device manufacturers can say to health insurers, [PBMs], formulary committees, and similar organizations about their products.... The revision incorporates statutory changes US Congress made in 2023. Companies now have a single, clearer framework for sharing economic data about approved products and factual information about products still in development."  MORE >>

ArentFox Schiff LLP

[Guidance Overview]

What Expenses Can Be Reimbursed Under a Qualified Educational Assistance Program?

"Education cannot relate to a sport, game, or hobby, unless it involves the employer's business or is required as part of the student's degree program. Meals, transportation, and lodging cannot be reimbursed. Supplies and equipment (other than textbooks) can only be reimbursed if they cannot be kept after the course is completed."  MORE >>

Thomson Reuters / EBIA

District Court Finds IRS Does Have Authority to Provide Certification Required to Assess ACA Employer Penalties

"A previous federal district court case ... held that this certification could not come from the IRS and thus ordered the IRS to refund the ACA employer penalties paid by the employer.... [A second] federal district court reached the opposite conclusion ... That court held that the IRS is responsible for issuing this certification and does so with IRS Letter 226-J. On that basis, the court held the ACA employer penalties were properly assessed." [Supreme Linen Services, Inc., v. U.S., No. 25-20723 (S.D. Fla. Feb. 25, 2026; on appeal to 11th Cir. No. 26-11299)]  MORE >>

Haynes Boone

When a Phone Call Beats the Plan's Writing Requirement: District Court Upholds Telephonic ERISA Beneficiary Change

"[The court] granted judgment on the administrative record to [MetLife] in an ERISA dispute over group life insurance benefits, holding that an insured substantially complied with the plan's beneficiary-change requirements when she designated a new beneficiary by telephone, and that the disappointed claimant could not establish entitlement to the benefits in any event." [Adams v. Metropolitan Life Ins. Co., No. 24-0668 (M.D. La. June 9, 2026)]  MORE >>

Roberts Disability Law

What Responsible Healthcare Spending Really Looks Like

"Employers and health plans are right to focus on negotiated rates, pharmacy costs and benefit design. These are important levers for maintaining sustainable healthcare coverage.... [P]rovider consolidation and limited competition can make pricing more difficult to influence. That is why leaders also need to look at the broader experience employees have as they navigate the healthcare system."  MORE >>

Forbes; subscription may be required

Men's Health Priorities 2026 (PDF)

"82% of men say they prioritize family needs above their personal health. 60% of men put off their own medical care unless pressured by family and loved ones.... 42% of men have skipped recommended medical care in the past year. 33% cited cost concerns as the top reason why they delay medical care."  MORE >>

eHealth

[Opinion]

Big Pharma's Legal Playbook Against International Sourcing and What It Means for Self-Funded Plans

"Employer health plans have been using international drug sourcing for years. The strategy is straightforward.... For self-funded employers trying to deliver meaningful pharmacy benefits without surrendering to the pricing models of the domestic pharmaceutical market, it has been a practical and powerful tool. Recent litigation has complicated that picture."  MORE >>

Craig Gottwals via Substack; registration may be required

Press Releases

Bentek Named Benefits Administration Platform of the Year by Gov CIO Outlook

Bentek

SPARK Institute Announces New Governing Board Leadership

SPARK Institute

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

ERISA 2026: The Evolving World

August 3, 2026 in NY

PLI [Practising Law Institute]

Last Issue's Most Popular Items

The New IDR Operations Final Rule: What Employer Group Health Plan Fiduciaries Need to Know

Thompson Hine

Building Voice Security Infrastructure for HSA Providers

HealthEquity

Federal IDR Process Overhaul Finalized: What Stakeholders Need to Know

Holland & Knight

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

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