The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
July 23, 2026
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9 items · ~3 min read
Top of the Brief
DOL Proposes New Electronic Disclosure Safe Harbor for Group Health Plans“Today, the U.S. Department of Labor (DOL) issued a proposed rule that would create a new, optional electronic disclosure safe harbor specifically for group health plans.”
In this issue
Regulatory Action and Guidance (3) · Health & Welfare Plans (3) · General Benefits (2) · Litigation (1)
Regulatory Action and Guidance
3 items“Today, the U.S. Department of Labor (DOL) issued a proposed rule that would create a new, optional electronic disclosure safe harbor specifically for group health plans.” MORE >>
Source: Groom Law Group
“The Department of Labor (DOL) failed to adequately monitor common interest agreements (CIA), which undermined public confidence and potentially exposed confidential information kept by the DOL, according to Anthony D’Esposito, the inspector general for the DOL.” MORE >>
Source: American Retirement Association
“The Departments of Health and Human Services, Labor, and the Treasury (Departments) recently released the Federal Independent Dispute Resolution (IDR) public use files (PUF) and supplemental tables for the third and fourth quarters of 2025, and the numbers should get the attention of every plan sponsor and fiduciary overseeing a self-insured group health plan.” MORE >>
Source: ERISA Litigation & Compliance
Health & Welfare Plans
3 items“Although their per-member-per-year (PMPY) impact has remained relatively low due to the rare nature of the conditions they treat, that's changing quickly. After reviewing trends in a health data set covering 300 million people in the U.S., we see that utilization rates for gene therapies have grown 42%, and PMPY spend doubled from 2022 to 2024. And we're expecting this expansion to accelerate even further. Employers are entering a formative period for gene therapy management — while product counts remain small, momentum is undeniable.” MORE >>
Source: Employee Benefit News
“Findings out today from Fidelity Investments’ Retiree Health Care Cost Estimate shows that an average 65-year-old retiring in 2026 can expect to pay an average of $185,500 on healthcare costs, up 7.5% from one year ago. The increase is likely a result of rising prices for care, continued utilization growth, and growing costs associated with chronic conditions, Fidelity reports.” MORE >>
Source: 401(k) Specialist
“Effective for plan years beginning on or after January 1, 2026, the statutory limit on tax-free contributions to a Code Section 129 Dependent Care Assistance Program increased from $5,000 to $7,500 (and $2,500 to $3,750 for married individuals filing separately).” MORE >>
Source: JD Supra
General Benefits
2 items[Health & Welfare Plans]
1 in 4 workers stay in unwanted jobs for health coverage, survey finds“More Americans are keeping jobs they would otherwise leave for fear of losing their insurance, as healthcare costs rise and nonemployer coverage seems less affordable, according to the research. First published on Workers who already feel heightened financial strain from healthcare expenses are more likely to report job lock, according to the study, which surveyed more than 2,300 people with employer-sponsored health insurance. Nearly half of people who said health costs were a major financial burden reported they’re staying in a job to keep their insurance, compared with about one-quarter who said health expenses were a minor burden.” MORE >>
Source: HR Dive
[Regulatory Action and Guidance]
Off-Campus Outpatient Departments: CMS’ Proposed Rule for the New Mandatory Attestation Process“As previously discussed in our earlier blog post “Medicare’s New NPI and Attestation Rules for Hospital Off-Campus Departments: Preparation Starts Now,” beginning January 1, 2028, Medicare will not pay under the OPPS for services furnished by an off‑campus hospital outpatient provider-based departments (PBDs) unless: (1) each off-campus PBD has its own National Provider Identifier (NPI), separate from the NPI of the main provider, (2) within two years before services are billed, the main provider provides an initial attestation that the off-campus PBD meets existing provider-based requirements as described in 42 C.F.R. § 413.65, and (3) the main provider submits subsequent attestations.” MORE >>
Source: Foley & Lardner
Litigation
1 item“A recent decision from the US District Court for the Southern District of New York provides helpful guidance for Employee Benefits Liability ("EBL") insurers confronting attempts to transform healthcare reimbursement disputes into covered benefits-administration claims.” MORE >>
Source: JD Supra