The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
August 17, 2026
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5 items · ~2 min read
Top of the Brief
Roundup of selected state health developments, second-quarter 2026“Virginia stole the spotlight by passing two major paid leave laws: paid family and medical leave (PFML) and paid sick and safe leave (PSSL). Major pharmacy benefit manager (PBM) laws were passed in several states, including Tennessee where the law was immediately challenged in court. A few states — Alabama, Georgia, and Texas — addressed artificial intelligence (AI) use in benefits.”
In this issue
Regulatory Action and Guidance (1) · Litigation (1) · General Benefits (2) · Health & Welfare Plans (1)
Regulatory Action and Guidance
1 item“CMS has updated these Guidelines to clarify the requirements for web-broker participation in Enhanced Direct Enrollment (EDE). Classic Direct Enrollment (DE) will be discontinued effective November 1, 2026. This guidance also addresses Web-broker Operational Readiness Reviews for Enhanced Direct Enrollment.” MORE >>
Source: cms.gov
Litigation
1 item“The Seventh Circuit affirmed the class certification order and reversed the summary judgment ruling. On class certification, the court held that the district court did not abuse its discretion in finding commonality and typicality under Rule 23(a). Because it was undisputed that none of the CBAs, whether or not in the record, contained any language addressing the duration of retiree healthcare benefits, all of the agreements treated duration identically through silence, and Plaintiff could attempt to prove latent ambiguity as to vesting through evidence common to the class.” MORE >>
Source: Roberts Disability Law
General Benefits
2 items“Healthcare affordability is no longer just a benefits issue; it is a business issue, a workforce issue and a wage issue," said Shawn Gremminger, National Alliance president and CEO. "Employers have the concern and the will to act, but too often lack the usable data, contractual rights and staff capacity to do so. When those barriers are removed, employers are better able to move from concern to action. In a challenging economic environment, healthcare costs continue to be the driving factor in inflation, the concern most often cited by Americans going into the pivotal 2026 midterm elections.” MORE >>
Source: Employee Benefit News
“Menopause-related productivity loss is estimated to cost U.S. businesses about $1.8 billion annually. Yet many employers are only beginning to recognize menopause as a material workplace and benefits issue with the help of their advisers — in fact, only 18%. Menopause is a natural part of midlife for women and usually occurs between the ages of 45 and 55, with a mean of roughly 51 years in the U.S. Women in this life stage are often at the peak of their professional careers while navigating complex, biology-driven symptoms that can affect sleep, mood and performance.” MORE >>
Source: Employee Benefit News
Health & Welfare Plans
1 item“Virginia stole the spotlight by passing two major paid leave laws: paid family and medical leave (PFML) and paid sick and safe leave (PSSL). Major pharmacy benefit manager (PBM) laws were passed in several states, including Tennessee where the law was immediately challenged in court. A few states — Alabama, Georgia, and Texas — addressed artificial intelligence (AI) use in benefits.” MORE >>
Source: Mercer
Also of Note
- Judge Considers Class Certification in No-Poach Agreement Challenge — “The healthcare providers at issue include DaVita, UnitedHealth Group’s Surgical Care Affiliates (SCA), and United Surgical Partners International (USPI), the ambulatory surgery arm of Tenet Healthcare Corp.” (Hall Benefits Law)
- Medicare Program; Alternative Payment Model (APM) Incentive Payment Advisory for Clinicians-Request for Current Billing Information for Qualifying APM Participants — “CMS alerts Qualifying APM participants that it lacks current billing information to disburse incentive payments and provides instructions on how to update details for the 2026 payment year.” (Federal Register)
- Burned Out? Hate Your Manager? Take a Mental-Health Leave. — “In the News Rocio Blanco Garcia says the increase in mental health–related leave and accommodation requests post-pandemic can be partly attributed to a “generational shift” of “people being more open about mental-health struggles and there being less stigma about it.” (Littler)
- Type VII Veterinary Master File for Research and Development and Risk Reviews; Guidance for Industry; Availability — “The FDA has issued final guidance on Type VII Veterinary Master Files for research and development of animal cell, tissue, and gene therapy products, outlining current thinking on their use.” (Federal Register)
- PBGC Settles Employee’s Title VII Race Discrimination Suit — “The Pension Benefit Guaranty Corp. (PBGC) has settled a Title VII case filed by a Black employee.” (Hall Benefits Law)
- Doing Business in LATAM's Changing Landscape — “08.27.” (Miller & Chevalier)
- Designation of Databases to the Do Not Pay Working System — “Notice on public inspection, scheduled to publish 2026-08-18.” (Federal Register (public inspection))