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Health & Welfare Plans Newsletter
June 11, 2026
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[Guidance Overview]
HHS Vacates Gender Identity Provisions of ACA Section 1557 Nondiscrimination Rules (PDF)
"Employers and their advisors should be aware that HHS will not take action based on the gender identity provisions of the 2024 regulations while the vacatur remains in effect, but the remainder of the 2024 regulations continues to apply, and other federal nondiscrimination
laws -- including Title VII of the Civil Rights Act, as interpreted by the U.S. Supreme Court -- may independently address gender identity discrimination in certain contexts" MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
Final IDR Rules Could Give Employers Some Relief, Eventually
"Starting June 11, 2026, the fee for IDR disputes will be lowered from $115 to $15, making the process more accessible for smaller disputes but potentially increasing the system backlog. Health plans and insurers must register in a new IDR registry to help providers
correctly identify payors, potentially reducing ineligible or misdirected disputes. The open negotiation period will be managed through the federal IDR portal using standardized forms, with a fifteen-business-day response window, aiming to reduce disputes that are ineligible for IDR." MORE >>
Ogletree Deakins
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[Guidance Overview]
Departments Issue Final Rules on Independent Dispute Resolution (IDR ) Operations (PDF)
"According to the Departments, the final rules are designed to improve how the IDR process functions through better communication and streamlining the processes. However, the final rules do not address many of the existing issues with the current IDR process that have been
identified as increasing costs for employer group health plan (plan) sponsors. The final rules also impose additional registration obligations for plans and may make it easier for more claims to be submitted to the IDR process." MORE >>
Aon
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City of Columbus Challenges Provisions of the HHS 2027 Payment Notice Final Rule
"The plaintiffs allege that the 2027 Payment Notice Final Rule is contrary to the goals of the ACA, will cause millions
of Americans to lose coverage on the ACA's Exchanges and will increase premiums and out-of-pocket costs for the remaining enrollees, causing irreparable harm. The plaintiffs allege that many of the provisions of the 2027 Payment Notice Final Rule are in direct conflict with federal law and that HHS failed to adequately consider public comments or provide adequate reasoning for many final policies." [City of Columbus v. Kennedy, No. 26-2215 (D. Md. complaint filed Jun. 3, 2026)] MORE >>
Groom Law Group
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House Subcommittee Hearing on Lowering Health Care Costs for All Americans: Examining Policies to Increase Health Care Transparency
Subcommittee on Health, Energy and Commerce Committee, U.S. House of Representatives
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2026 Trends in Drug Benefit Design Report
"Payers' perception of value in unbundled PBM service arrangements increased year-over-year, and over half say they would pursue a partially or fully unbundled model if they were to conduct a procurement today ... Affordability continues to be a major concern for
coverage of GLP-1s for obesity ... 1 in 10 payers have a cost-plus arrangement or PMPM pricing guarantee, and the primary factors influencing decisions about these alternative pricing models are impact on total net pharmacy cost and member affordability and experience." MORE >>
EPIC; registration required for full report
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The Billion-Dollar Blind Spot in Employee Benefits, and Why AI Is Finally Fixing It
"Industry audits regularly reveal that 70% to 90% of benefits carrier invoices contain at least one discrepancy. These errors can include billing for employees who have already left the company, incorrect coverage levels, dependents who should have been removed from plans,
outdated premium rates, or duplicate enrollments. Individually, these mistakes may appear small. Collectively, they represent one of the most significant hidden financial leaks in corporate America." MORE >>
Employee Benefit News [EBN]; login required
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Proposal Would Impose Fines of Up to $10 Million for High Rates of Insurance Claim Denials
"The purpose of the [Patient Refunds for Bad Denials Act (HR 8442)] is to punish health insurers by imposing millions of dollars in fines for claim denial rates exceeding 25%. The bill would not apply to self-insured health plans. The U.S. Department of Health and Human Services (HHS) would increase the maximum fine by $2 million for each percentage point above a 25% claim denial rate, up to a maximum of $10 million. Any fines collected would be distributed to
the people covered under the insurer's health policies." MORE >>
Hall Benefits Law
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Survey of Health Insurance Knowledge and Use (PDF)
"49% of Americans with health insurance have used artificial intelligence (AI) platforms to seek out medical advice, and most of these (63%) are acting on the advice they receive without consulting a doctor.... 53% of insured Americans avoided medical care in the past 12 months
due to cost concerns, with 32% saying they avoided care two or more times for this reason. 53% avoided medical care in the past 12 months due to uncertainty about their benefits." MORE >>
eHealth
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Severance Tradeoff: What Employers and Employees Should Know
"Severance agreements can serve both employers and employees. You can obtain closure, reduce risk, and protect legitimate business interests. Employees can receive transition pay, benefits, and certainty. But these agreements shouldn't be treated as forms pulled from an old
filing cabinet. You should confirm compliance with current law, and employees should understand what they are receiving, what they are releasing, and what obligations will continue." MORE >>
HR Daily Advisor
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[Opinion]
Why New Drugs and AI Chatbots Won't Cure Health Care's Cost Disease
"The classic cost-disease cure is to 'productize' what used to be a service by substituting scalable goods. But in health care, the opportunity lies not in replacing services with goods but in raising productivity across labor-intensive workflows." MORE >>
Health Affairs Forefront
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Selected New Discussions |
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Scope of HRA Retiree Safe Harbor Provision
"My understanding is that an HRA provided to retired or retiring employees is not subject to Section 105(h)'s nondiscrimination rules, unless one of the retired/retiring employees is a participant, where the plan must then provide the same 'type of benefits'
and 'dollar limitations' for all other retired participants. "What if the HRA plan is provided exclusively to highly compensated individuals (i.e., only retired HCIs are 'participants')? My understanding of 26 C.F.R. Section 1.105-11(c)(3)(iii) indicates that this would be permissible so long as the same type of benefits and dollar limitations are provided to all other retired participants, even if the plan's participants are made up exclusively of HCIs. Is there any IRS/Treasury guidance discussing the scope of 26 C.F.R. Section 1.105-11(c)(3)(iii)? Is there any reason to think that the above interpretation is wrong? I understand that this is inconsistent with most, if not all, other nondiscrimination rules for self-insured plans, but I'm hung up on the 'retired participants'
language."
BenefitsLink® Message Boards
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Press Releases |
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Groom’s Excellence Recognized in Chambers USA 2026
Groom Law Group
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Fidelity Investments® to Expand Target Date Lineup With Launch of Guaranteed Income Solution
Fidelity Investments
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Healthee Unveils Zoe for HR, an AI Analytics Assistant for Benefits Performance
Healthee
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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Artificial Intelligence and Employee Benefits
ON-DEMAND WEBINAR
Thompson Hine LLP
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Coordinating Federal FMLA and State Leave Programs
July 14, 2026 WEBINAR
UBA [United Benefit Advisors]
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Last Issue's Most Popular Items |
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Big Pharma's Legal Playbook Against International Sourcing and What It Means for Self-Funded Plans
Craig Gottwals via Substack; registration may be required
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When a Phone Call Beats the Plan's Writing Requirement: District Court Upholds Telephonic ERISA Beneficiary Change
Roberts Disability Law
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What Expenses Can Be Reimbursed Under a Qualified Educational Assistance Program?
Thomson Reuters / EBIA
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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