The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
August 12, 2026
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9 items · ~3 min read
Top of the Brief
Prescription drug discounts and HDHP deductibles: What employers need to know about HSA eligibility“ Employer prescription drug discount cards and manufacturer assistance programs generally don't affect HSA eligibility, as long as no discount or assistance counts toward the minimum HDHP deductible.”
In this issue
Regulatory Action and Guidance (2) · Litigation (2) · General Benefits (4) · Health & Welfare Plans (1)
Regulatory Action and Guidance
2 items“On August 5, 2026, the Treasury Department and the IRS (together, the “IRS”) released Notice 2026-28 – the first piece of guidance on the Code section 45S employer tax credit for paid family and medical leave (“PFML”) since the One, Big, Beautiful Bill Act (“OBBB”) made the tax credit permanent and expanded key provisions.” MORE >>
Source: Groom Law Group
“A hacker breached the Massachusetts-based dental and vision benefits administrator this spring. The health data of more than 15 million individuals was compromised after a hacker breached Massachusetts-based dental and vision benefits administrator DentaQuest this spring, according to a breach notice filed with federal regulators. It’s the largest health data breach reported to the government this year.” MORE >>
Source: Healthcare Dive
Litigation
2 items“The court held that the administrative record supported the district court’s determination that Plaintiff was not disabled under the plan’s terms. The record contained expert reports from both parties’ medical professionals addressing the symptoms by which Plaintiff contended he was disabled, and the district court weighed those competing assessments and found that Plaintiff had not carried his burden. The court held that this determination survived clear error review. The court rejected Plaintiff’s argument that the district court clearly erred by crediting the testimony of Defendant’s medical professionals, who reviewed Plaintiff’s records, over that of Plaintiff’s medical professionals, w” MORE >>
Source: Roberts Disability Law
“A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that since the Employee Retirement Income Security Act (ERISA) preempts state regulation of employee benefit plans, these plans can avoid libel, slander, or defamation lawsuits. In a recent case, the panel considered a case in which a doctor sued Cigna Health and Life Insurance Company for defamation based on explanation of benefits (EOB) notices sent to patients. The Cigna subsidiary at issue in this case administered employer-sponsored benefits plans.” MORE >>
Source: Hall Benefits Law
General Benefits
4 items“The new EO re-iterates several previously issued recommendations, including that U.S. childhood vaccines should be “aligned with scientific evidence and best practices from peer, developed countries” and that childhood immunizations should fall into the three categories outlined above. As with the January 5 memo, the EO reduces the number of diseases targeted by routine childhood vaccination from 17 to 11 and the number of routine vaccines from 13 to 7. But it also contains new directives, including calling on the HHS Secretary to offer some childhood vaccines such as measles, mumps, and rubella (MMR) as “single vaccines rather than combination products”; aligning vaccine recommendations wit” MORE >>
Source: KFF
“Rising healthcare costs, inflation, and evolving employee demands can make building a competitive benefits package challenging for small and medium-sized businesses, but their ability to provide quality offerings and more personalization can go a long way in capturing talent. New research from professional employer organization Justworks and The Harris Poll revealed 96% of small business owners who are worried about hiring and retention say it's important to offer employees more variety in terms of health coverage, and 49% worry their current benefits aren't going to cut it. Rather than relinquish talent or overspend to keep it, decision-makers should reframe their approach to the benefits s” MORE >>
Source: Employee Benefit News
[Regulatory Action and Guidance]
Should HIPAA Compliance Be on Your 2027 Roadmap Even If You are Not a Healthcare Entity?“Most entities presume that if they are not health care providers they do not need to worry about HIPAA. That is not always the case, as the Department of Health and Human Services reminded us this summer. The department settled with Spencer Gifts following the entity’s 2021 data breach.” MORE >>
Source: JD Supra
“Roughly 70% of employees want and expect direct help or tailored support from their employers to better understand and navigate their healthcare options, according to financial services company Prudential Financial's 2026 Benefits and Beyond study. These findings reflect a broader trend, one where employees are increasingly looking to their employers not just for healthcare benefits, but for help navigating the healthcare system itself. "Employers have basically become the safety net for a healthcare system that was never designed to handle the complexity patients deal with today," said Rob LaHayne, co-founder and chief commercial officer at Leap Health.” MORE >>
Source: Employee Benefit News
Health & Welfare Plans
1 item“ Employer prescription drug discount cards and manufacturer assistance programs generally don't affect HSA eligibility, as long as no discount or assistance counts toward the minimum HDHP deductible.” MORE >>
Source: WTW