The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
July 31, 2026
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9 items · ~2 min read
In this issue
Regulatory Action and Guidance (2) · Litigation (3) · General Benefits (1) · Health & Welfare Plans (3)
Regulatory Action and Guidance
2 items“On July 17, 2026, the Departments of the Treasury, Labor, and Health and Human Services, together with the Office of Personnel Management, issued guidance specifying the remittance advice remark codes (No Surprises Act RARCs) that group health plans and health insurance issuers (payers) must use when communicating with out-of-network providers and facilities relating to claims subject to the No Surprises Act (NSA). The guidance implements a requirement established in the Federal Independent Dispute Resolution (IDR) Operations Final Rule, published June 4, 2026, and effective August 3, 2026.” MORE >>
Source: fhas.com
“The Department of Labor recently issued proposed regulations that would implement sweeping revisions to long-standing electronic disclosure safe harbors for health and welfare plans.” MORE >>
Source: JD Supra
Litigation
3 items“Wheatley noted that plaintiffs have filed “more than 75 lawsuits against employers since 2024,” with new cases continuing to emerge, highlighting how litigation over tobacco surcharge wellness programs is becoming “a more mainstream issue.” MORE >>
Source: Groom Law Group
“Consumer demand for the mental health unit’s insurance offering accelerated faster than expected, eating into its cash pay business. Accepting health insurance in the direct-to-consumer mental health segment is a priority for Teladoc. The unit’s cash pay business has long been under pressure, and Teladoc executives argue accepting insurance should improve affordability and push more patients to enroll.” MORE >>
Source: Healthcare Dive
“The suit, filed in California federal court, alleges that Hims & Hers shared consumers’ health information via tracking pixels — small snippets of code embedded in websites that monitor user behavior and transmit the data to third-party vendors. According to the lawsuit, the telehealth company, which sells prescription medications and personal care products directly to consumers, repeatedly promised privacy and discretion in advertisements for its weight loss, sexual health and hair loss medications.” MORE >>
Source: Healthcare Dive
General Benefits
1 item[Regulatory Action and Guidance]
Sonderling One Step Closer to Confirmation as DOL Chief“Keith Sonderling is one step closer to serving as Secretary of Labor, as the Senate Health, Education, Labor & Pensions (HELP) Committee on July 30 approved his nomination.” MORE >>
Source: American Retirement Association
Health & Welfare Plans
3 items[General Benefits]
Too Good to Be True? Risks of Indemnity and Wellness Program Schemes“Promoters are selling programs to employers that purport to save on payroll taxes by combining an insurance policy with a “wellness” payment that promoters claim is not taxable wages. The Internal Revenue Service (IRS) has repeatedly rejected these schemes as impermissibly “double dipping” on tax benefits, but these products continue to proliferate. This column explores IRS guidance on these arrangements and potential risks to employers under federal law.” MORE >>
Source: Boutwell Fay
[General Benefits]
Do You Provide a COBRA Notice for Your On-Site Clinic?“Many employers have invested in on-site or near-site health clinics as a way to improve employee access to care, reduce healthcare costs, and minimize time away from work. While these clinics can provide significant value, they also can create a compliance issue that is easy to overlook: if your on-site clinic is a group health plan, are you complying with COBRA?” MORE >>
Source: Bricker Graydon
[Regulatory Action and Guidance]
Wyden Seeks Input on Major Reforms to Health Coverage in AmericaSenator Wyden is seeking public input on major health coverage reforms, including lowering costs, expanding access, and simplifying enrollment, to inform future legislative proposals. MORE >>
Source: Senate Finance Committee
Also of Note
- Senate HELP Committee Advances Sonderling’s DOL Nomination — “A party-line vote sent the acting labor secretary’s name to the full Senate, where confirmation for the permanent position awaits.” (PLANSPONSOR)
- HR often uses ChatGPT to complete non-HR tasks, according to OpenAI report — “AI can change the division of work within an organization by allowing users to perform tasks outside their typical roles, OpenAI said.” (HR Dive)
- Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program for Federal Fiscal Year 2027 — “CMS finalized updates to the Skilled Nursing Facility Prospective Payment System for FY 2027, including payment rate adjustments and revisions to the Quality Reporting and Value-Based Purchasing programs.” (Federal Register)
- How to make sure front-line managers are heard — “According to technology company SafetyCulture’s Feedback from the Field report, which surveyed 1,019 middle managers, 85% of respondents said that they submit improvement ideas, but only 54% say their ideas are implemented.” (HR Dive)
- Last-minute Protection Against Dismissal? New German Labor Court Decision on Abuse of Rights in the Context of Family Care Leave — “Even where the statutory requirements are met, special protection against dismissal may, by way of exception, be denied on grounds of abuse of rights, as a recent decision of the Kaiserslautern Labor Court illustrates.” (Littler)
- Another Rescission Mission – Proposed Rescission of EEO Reporting — “Find Your Next Job ! The Equal Employment Opportunity Commission (EEOC) is positioned for another rescission mission.” (National Law Review)
- Humana to exit more Medicare Advantage plans in 2027 — “Humana plans to shut down more Medicare Advantage plans next year as the insurer works to improve profits, auguring more disruption for seniors in the privatized Medicare program.” (Healthcare Dive)
- False Claims Act 2026 Mid-Year Update — “Client Alert | July 30, 2026 This update summarizes noteworthy enforcement activity from the first six months of 2026.” (National Law Review)
- UK Government Consults on Workplace Monitoring Technologies — “The consultation adopts a broad definition of WMT, describing them as digital tools used by employers to collect, track, analyse or make decisions based on information about workers and their activities, including technologies used to “observe performance, behaviour, attendance or communications” and systems that use this data “to inform or make decisions affecting workers.” (Littler)
- I’ve Got the Need for Leave- The Interaction Between FMLA and ADA — “The two most prominent federal laws are the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).” (National Law Review)
- Matteson Ellis Discusses Scoular FCPA Enforcement Action on FCPA Compliance Report Podcast — “FCPA Compliance Report 07.20.” (Miller & Chevalier)
- Benefits Monthly Minute - July 2026 — “The July Monthly Minute highlights the DOL’s new proposed electronic disclosure rule, a significant employer-friendly tobacco-surcharge ruling, and a Seventh Circuit decision reinforcing the importance of express authority in POAs purporting to waive QJSA rights....” (JD Supra)