The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
August 10, 2026
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7 items · ~2 min read
Top of the Brief
DOL Proposed Rule Describes New Safe Harbor for Electronic Delivery of ERISA Group Health Plan Documents"These rules are long overdue, as information sharing has advanced tremendously since the last electronic disclosure safe harbor for group health plans was published in 2002 (the “2002 safe harbor”)."
In this issue
Litigation (1) · Health & Welfare Plans (2) · General Benefits (3) · Regulatory Action and Guidance (1)
Litigation
1 item[Regulatory Action and Guidance]
CMS Guidance After the Columbus II Stay – What Issuers Need to Know!“In light of these Court orders, on July 31, 2026, CMS issued a statement acknowledging the stay of certain provisions which were scheduled to go into effect on July 20, 2026, or ahead of plan year 2027, but as a result of the Court’s order in Columbus II, will not go into effect as finalized.” MORE >>
Source: Groom Law Group
Health & Welfare Plans
2 items[Litigation]
Wyden, Cortez Masto, Grassley, Crapo Introduce Legislation to Crack Down on Health Care FraudSenators introduced bipartisan legislation to enhance the Health Care Fraud and Abuse Control Program with increased funding and new tools to combat fraud in federal health programs, potentially saving billions. MORE >>
Source: Senate Finance Committee
[General Benefits]
Medicare Part D Demonstration Program Will End on 12/31/26 | Segal“On July 28, 2026, CMS announced that the demonstration program will conclude at the end of 2026, instead of running through 2027, as originally planned. CMS contends that this subsidy is no longer needed because Part D plan sponsors already have sufficient experience under the redesigned Part D benefit to support their assumptions in developing the prescription drug plan bids. The phasing out of the Demonstration subsidy impacts standalone Part D PDPs and PDP Employer Group Waiver Plans (EGWPs).” MORE >>
Source: Segal
General Benefits
3 items“For years, employers have responded to workforce needs by expanding benefits. Mental health support. Family-building programs. Virtual care. Chronic condition management. Caregiving resources.” MORE >>
Source: HR Dive
“Across the industry, health systems, payers and healthcare organizations are actively testing and deploying AI-enabled capabilities. The next opportunity is turning those investments into measurable improvements that simplify operations, improve experiences and help reduce unnecessary costs across the healthcare system. That requires looking beyond individual tools and focusing on how work gets done. Many healthcare challenges are not caused by a lack of information. They are caused by disconnected processes.” MORE >>
Source: Healthcare Dive
“In the News Bradford Kelley says AI transcription and recording is a hot issue, and human resource teams should pay attention to Chamberlain v. Granola, a case that addresses the issue.” MORE >>
Source: Littler
Regulatory Action and Guidance
1 item"These rules are long overdue, as information sharing has advanced tremendously since the last electronic disclosure safe harbor for group health plans was published in 2002 (the “2002 safe harbor”)." MORE >>
Source: Trucker Huss
Also of Note
- AI in Healthcare: From Innovation to Liability — “Foley partner Aaron Tantleff is speaking in the upcoming Data Privacy for Health Summitt on the panel “AI in Healthcare: From Innovation to Liability.” (Foley & Lardner)
- Howard Sklamberg Discusses FDA Oversight of Compounded Peptides in Women's Health — “Howard explained that the advisory committee's recommendation marked a significant departure from the FDA's traditional scientific review process, noting that "the most abnormal thing here is the advisory committee overruling FDA scientists in a wholesale fashion."” (Arnold & Porter)
- Gibson Dunn Team Secures Unanimous Ruling in Favor of Client DoorDash — “The Second Circuit held that the law was subject to intermediate scrutiny, not deferential Zauderer review.” (Gibson Dunn)
- When patients ask AI to read their lab results — “Lab results now reach patients the moment they hit a portal, often before a clinician has reviewed them.” (Healthcare Dive)
- Why 1 size fits all workforce solutions are reaching their limits — “The point isn't that every employer needs every service.” (HR Dive)
- FINRA’s Review of Its Enforcement Program: New Day at FINRA, Too? — “The report’s 24 recommendations address governance, due process, transparency, information requests, timeliness, and the resolution of enforcement actions.” (Foley & Lardner)
- Reducing Federal Burden for Head Start Programs — “The Department of Health and Human Services proposes to revise Head Start Program Performance Standards to reduce federal burden, defer to state policies, and increase local control and parental decision-making.” (Federal Register)
- PFAS for Decision Makers: Managing PFAS Risk in Today’s Deals – While Preparing for What’s Next — “1:00 PM CT Webinar Elizabeth E.” (Troutman Pepper Locke)
- Determination That OZOBAX (Baclofen) Oral Solution, 5 Milligrams/5 Milliliters Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness — “The FDA determined that OZOBAX (baclofen) oral solution was not withdrawn for safety or effectiveness reasons, allowing for continued approval of generic versions.” (Federal Register)