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July 29, 2026Health & Welfare

The Daily Brief for Benefits Professionals

BenefitsWire

Health & Welfare Plans

July 29, 2026

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9 items · ~4 min read

In this issue

Regulatory Action and Guidance (3)  ·  Health & Welfare Plans (2)  ·  Litigation (1)  ·  General Benefits (3)

Regulatory Action and Guidance

3 items
How Has ACA Marketplace Enrollment Changed Across States in 2026?

“Enrollment fell for the first time in seven years in 2026, when those tax credits expired. The Assistant Secretary for Planning and Evaluation (ASPE) of the Department of Health and Human Services reported that enrollment declined by nearly three million people between 2025 and 2026. Earlier federal data and analysis had focused on plan selections, or sign-ups, which decreased by about one million (5%) from last year, but plan selections do not account for enrollees who ultimately do not make their premium payments and are not covered. Effectuated enrollment is different from selection or sign-up data in that it accounts for who paid their premiums.” MORE >>

Source: KFF

First-Ever HIPAA Enforcement Against Self-Funded Health Plans: What Employers Need to Know

“While ransomware enforcement actions are not new, one of the four settlements stands out as a landmark: for the first time ever, HHS documented an enforcement action taken against a self-funded group health plan. ... Employers that sponsor self-funded health plans should note this development.” MORE >>

Source: Thompson Hine

Developing DOL Proposes Electronic Disclosure Safe Harbor for Health Plan Documents | Insights | Mayer Brown

“On July 23, the US Department of Labor published a proposed rule in the Federal Register that would create a new electronic disclosure safe harbor for ERISA-covered group health plan.” MORE >>

Source: mayerbrown.com

Health & Welfare Plans

2 items
Is GLP-1 coverage actually delivering value?

“The new question — and arguably the more difficult one to answer — is whether the employer's investment is actually working to deliver value. And this is where brokers have a real opportunity to educate their clients. The current generation of GLP-1 medications represent a genuine breakthrough, with compelling clinical trial data ranging from 10% to 20% weight loss across the category. In practice, however, many GLP-1s only deliver single-digit weight loss at 12 months. This gap between what medication can achieve in controlled trials vs. what it actually delivers in a real-world setting is not a pharmaceutical or personal failure. It is a support failure.” MORE >>

Source: Employee Benefit News

Virginia Employers: Get Ready for Expanded Paid Sick Leave

“Virginia Governor Abigail Spanberger recently signed into law paid sick leave (PSL) entitlements for nearly all employees working in the Commonwealth. The law will have a staggered effective date, with the earliest changes taking effect in mid-2027. Employers should begin preparing now to ensure they are aware of and in compliance with the new requirements.” MORE >>

Source: JD Supra

Litigation

1 item
ERISA Reaches Overseas: Court Holds ERISA Preempts State-Law Benefit Claims by Foreign Workers Injured Abroad

“Does ERISA apply to a plan covering foreign workers injured abroad? The court held that it does. Applying the two-step framework the Supreme Court set out in Yegiazaryan v. Smagin, 599 U.S. 533 (2023), the court first asked whether ERISA gives a clear, affirmative indication that it applies extraterritorially. The court found that it does. Section 1003(a) extends ERISA coverage to any plan established or maintained by an employer engaged in commerce, and the exemption in § 1003(b)(4) for plans “maintained outside of the United States primarily for the benefit of persons substantially all of whom are nonresident aliens” would be surplusage unless § 1003(a) reached such plans in the first plac” MORE >>

Source: Roberts Disability Law

General Benefits

3 items
Critical Point Episode 64: Workers’ comp costs are climbing. How can insurers and employers bring them down?

“How will transportation and delivery network companies such as Uber and DoorDash be affected if they have to implement workers’ compensation coverage in California? Inflation can affect worker’s compensation due to its long-tailed nature, and we can estimate the impact using some simplifying assumptions.” MORE >>

Source: Milliman

Constructing Clear, Action-Oriented Communications During Open Enrollment

“Employers predicted last year that median healthcare costs for 2026 would be 9% greater than 2025 levels, according to the Business Group on Health’s 2026 Employer Health Care Strategy Survey. Employers renewing fully insured health plans for 2026 actually faced average premium increases of 18% to 25%, with some groups seeing hikes exceeding 60%, according to the USI 2026 Employee Benefits Market Outlook. Mann says plan sponsors must determine how the extra costs will be distributed—whether the employer absorbs it up or passes it on to the employee. Because sponsors may have to make plan design changes and increase employee deductibles, they must address the financial burden the changes will” MORE >>

Source: PLANSPONSOR

Trump Accounts to Boost Kids’ Financial Know-How, per Bessent

“Secretary of the Treasury Scott Bessent used a Monday meeting of the department’s Financial Literacy and Education Commission to argue that Trump Accounts can help address declining financial literacy in the U.S., pointing to early enrollment figures and new educational resources tied to the accounts. In prepared remarks, Bessent said 7 million children have been enrolled in the tax-advantaged savings accounts since it launched on July 4, with 86% of participants coming from families earning less than $200,000 annually. He said the accounts—available to all U.S. children younger than 18, with eligible newborns born from 2025 through 2028 receiving a $1,000 Treasury-funded seed contribution—w” MORE >>

Source: PLANADVISER

Also of Note

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
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