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Health & Welfare Benefits Monthly Update, June 2025 (PDF)

24 pages. Topics include: Health benefits litigation update. [1] H.R.1 -- One Big Beautiful Bill Act ICHRA/HSA provisions; [2] MHPAEA enforcement developments; [3] PBM reporting and state issues; [4] Health benefits litigation update.

Reconciliation Bill Expands and Improves Health Savings Accounts and Individual Coverage Health Reimbursement Arrangements

"[T]he One Big Beautiful Bill Act: [1] Renames ICHRAs as CHOICE arrangements, expanding eligibility classes and creating a new tax credit for certain employers that offer them. [2] Allows employees to use cafeteria plan salary reductions to purchase Exchange-based coverage through CHOICE arrangements. [3] Expands HSA eligibility and the definition of qualified medical expenses and increases contribution limits for lower-income individuals."

Navigating the Complexities of VEBA Asset Reallocation: Tax and ERISA Fiduciary Considerations

"Organizations considering VEBA asset reallocations should incorporate long-term strategies, emphasizing regular fiduciary training, continual monitoring of regulatory guidance, and periodic internal compliance reviews. Establishing clear governance structures, including dedicated oversight committees and independent fiduciary advisors, can further bolster compliance and fiduciary prudence. Moreover, proactive participant engagement and transparent communication about any reallocation decisions foster goodwill and reduce potential litigation risks, supporting broader organizational objectives and stability."

Health & Welfare Benefits Monthly Update, May 2025 (PDF)

22 presentation slides. Topics: [1] Grab bag: 125 Issues, TIN solicitation, 4980H penalties, SCOTUS; [2] Prescription drug/PBM round up; [3] Braidwood update; [4] Taxation of California infertility coverage; [5] Reimbursement of medical travel expenses; [6] Life insurance eligibility enforcement; [7] Top 10 COBRA compliance issues.

IRS Proposes Changes to 401(k) Catch-Up Contributions

"[Older highly paid employees (OHPEs)] may make catch-up contributions only on a Roth basis.... Plan administrators and recordkeepers will need to monitor three categories of employees for tax-qualification purposes. Different compensation is used to determine whether an employee is an OHPE, a highly compensated employee (HCE), or a key employee."

Health & Welfare Plan Update, April 2025 (PDF)

19 presentation slides. Topics: [1] Regulatory and legislative update; [2] Top 10 cafeteria plan and FSA mistakes; [3] Electronic delivery requirements: not enough of a good thing; [4] H&W litigation update.

Health and Welfare Benefits Monthly Update (PDF)

40 pages. Topics: [1] Changes to employer reporting requirements under the ACA; [2] New year brings new tri-agency FAQs about gag clause prohibitions and attestations, No Surprises Act; [3] Health plan impact of HHS's proposed HIPAA Security Rule update.

Health Plan Impact of HHS's Proposed HIPAA Security Rule Update

"The updated rule would require both plans and plan sponsors to safeguard electronic protected health information consistent with the HIPAA Security Rule. Plans and plan sponsors would need to adopt plan amendments, as well as contingency plans for emergencies that could compromise their electronic data systems. Public comments on the proposed revised Security Rule are due by March 7, 2025"

Changes to Employer Reporting Requirements Under the ACA

"Until the IRS provides further guidance on the time and manner of notice, ALEs wishing to use this alternative manner for distributing their 2024 Forms 1095-C may want to look at regulations for similar notice provisions for guidance. For ALEs with self-insured plans, the IRS already provides an alternative manner of furnishing Form 1095-C to covered nonemployees and covered employees who were not full-time employees at any time during the year."

2024 Health Benefits Year: A Year to Remember

"The year was packed with developments for health and welfare benefits plans ... from new data privacy rules to disaster tax relief. [1] Final rule for [MHPAEA] compliance; [2] Final HIPAA regulations on handling reproductive health and substance use disorder records; [3] Health plan fiduciary guidance and litigation update; [4] Lingering uncertainty over the incoming Trump Administration's policy priorities."