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
- 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)
- Unlocking benefits utilization: Lessons from The RealReal — “This year, a clear theme continued to emerge across conversations in the market: It's not enough to offer strong employee benefits.” (Employee Benefit News)
- Gen Z, DEI and opportunity: How AI has changed the way we work — “Eighty-eight percent of organizations are using AI, with 57% feeling optimistic about it being integrated into current workflows, according to a recent survey from talent solutions and business consulting firm Robert Half.” (Employee Benefit News)
- Employers may not be training workers well enough for widespread AI disruption — “Advanced skills, such as managing AI agents, do not tend to be the focus of employer training, The Conference Board said in a report.” (HR Dive)