The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
August 3, 2026
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6 items · ~2 min read
Top of the Brief
DOL Proposal Would Let Health Plans Deliver Documents Electronically by Default“Employers would have a clearer path to delivering summary plan descriptions (SPDs) and other required health plan documents electronically to participants who have provided—or been assigned—an electronic address.”
In this issue
Regulatory Action and Guidance (2) · Health & Welfare Plans (2) · General Benefits (1) · Litigation (1)
Regulatory Action and Guidance
2 items“Employers would have a clearer path to delivering summary plan descriptions (SPDs) and other required health plan documents electronically to participants who have provided—or been assigned—an electronic address.” MORE >>
Source: Ogletree Deakins
HHS announced a revised 340B Rebate Model Pilot Program, allowing qualifying drug manufacturers to provide rebates instead of upfront discounts for certain drugs sold to covered entities. This changes how covered entities access 340B pricing and impacts drug procurement strategies. MORE >>
Source: Federal Register
Health & Welfare Plans
2 items“In recent years, HR and L&D research has increasingly emphasized skills as a way to understand work, talent and workforce readiness. But interest has moved faster than implementation.” MORE >>
Source: Employee Benefit News
“The COVID-19 pandemic heightened vaccine skepticism. Six years later, CVS’ chief medical officer talks about building trust with patients — and the surprising benefits of many vaccines.” MORE >>
Source: Healthcare Dive
General Benefits
1 item“Amid a housing affordability crisis, organizations refining their benefits to attract and retain a younger workforce are increasingly looking into homeownership benefits as a "wow factor" offering with proven retention capabilities.” MORE >>
Source: American Retirement Association
Litigation
1 itemThough the plan document appeared to require arbitration in pursuing recovery in a fiduciary breach suit, a federal appellate court has affirmed the decision of the district court in rebuffing that requirement. MORE >>
Source: American Retirement Association
Also of Note
- A Shield, Not an Escape Hatch: Supreme Court Bars Immediate Appeal of Yearsley Denials — “In GEO Group, Inc. v. Menocal, 607 U.S. 438 (2026), the U.S. Supreme Court said no.” (Frost Brown Todd)
- 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)
- Out-of-Network claims are costing you more than you think — “Providers win 88% of Independent Dispute Resolution cases under the No Surprises Act.” (Healthcare Dive)
- Modification of Certain Terminology in Title 21; Reopening of the Comment Period — “The FDA reopened the comment period for a proposed rule to remove the term "gender" and replace it with "sex" in Title 21 CFR, aligning with an executive order and aiming to improve clarity.” (Federal Register)
- Biosimilar and Interchangeable Biosimilar Products: Considerations for Container Closure Systems and Device Constituent Parts; Draft Guidance for Industry; Availability — “The FDA released draft guidance for industry on container closure systems and device parts for biosimilar and interchangeable biosimilar products, clarifying expectations for developers.” (Federal Register)
- Wage and Hour: The Future is Now — “Wage and hour compliance remains one of the most active and costly areas of employment law enforcement and litigation.” (Littler)
- Crapo, Wyden Applaud Committee Passage of Taxpayer Assistance and Service Act — “The Senate Finance Committee passed the Taxpayer Assistance and Service Act, a bipartisan bill aimed at improving taxpayer services and modernizing IRS operations by incorporating numerous reforms to enhance the taxpayer experience.” (Senate Finance Committee)
- Crapo Statement at Markup of Taxpayer Assistance and Service Act — “Senate Finance Committee Chairman Mike Crapo discussed the Taxpayer Assistance and Service Act, emphasizing its bipartisan nature and its goal to modernize IRS operations, strengthen taxpayer rights, and create a more efficient, taxpayer-first system.” (Senate Finance Committee)
- Anti-Union Meeting Bans Evade Challenges Except in California — “In the News Alexander T. MacDonald explains why keeping anti-union meeting bans on the books without active enforcement is likely strategic.” (Littler)
- Lisa Re Talks HHS Fraud Enforcement with Report on Medicare Compliance — “This should get everyone’s attention,” she said. “It seems they are using every tool at their disposal to make the point they demand proper payments.” (Arnold & Porter)
- Texas REAL ID Change May Affect Driver License Access for Certain Visa Holders — “Texas’s current rule accommodates that situation by accepting an expired visa; the proposed REAL ID alignment would not.” (Ogletree Deakins)
- Supreme Court Expansively Construes Removal Basis for State Suits Under Federal Officer Removal Statute — “This broader reading allows for federal removal of state-court suits where defendants’ targeted actions have a “close relationship” to the performance of federal duties, rather than requiring the stricter standard of an explicit governmental directive standard governing activities under federal contracts.” (Frost Brown Todd)