The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
August 19, 2026
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7 items · ~2 min read
Top of the Brief
District Judge Lets Some ERISA Claims Against Independence Administrators Stand“The ruling allowed four counts alleging QCC’s breaches of fiduciary duty and prohibited transactions under ERISA to continue. Two Aramark health plans were dismissed as plaintiffs, and Independence Blue Cross and Independence Health Group were dismissed as defendants, all without prejudice. Pappert also dismissed a declaratory relief claim without prejudice and struck Aramark’s jury demand.”
In this issue
Litigation (4) · Regulatory Action and Guidance (2) · Health & Welfare Plans (1)
Litigation
4 items“The ruling allowed four counts alleging QCC’s breaches of fiduciary duty and prohibited transactions under ERISA to continue. Two Aramark health plans were dismissed as plaintiffs, and Independence Blue Cross and Independence Health Group were dismissed as defendants, all without prejudice. Pappert also dismissed a declaratory relief claim without prejudice and struck Aramark’s jury demand.” MORE >>
Source: PLANADVISER
“Kroger will pay $75,000 to settle claims that it unlawfully discriminated against a cashier who requested an accommodation for nerve damage associated with cancer treatments, the U.S. Equal Employment Opportunity Commission announced Monday.” MORE >>
Source: HR Dive
“A federal judge in Philadelphia allowed most of an Aramark Corp. lawsuit against QCC Insurance Co., a subsidiary of Independent Blue Cross doing business as Independence Administrators, to proceed. The food and facilities services company was found to have plausibly alleged that the third-party health-plan administrator was acting as a fiduciary under the Employee Retirement Income Security Act when it made decisions about payment of claims and other decisions involving Aramark plan assets.” MORE >>
Source: PLANSPONSOR
“In Huynh v. Schwan’s Shared Services, LLC, No. 25-3988 (JRT/LIB), 2026 WL 2363632 (D. Minn. Aug. 14, 2026, United States District Judge John R. Tunheim denied a motion to dismiss brought by an employer-plan administrator and its claims administrator, allowing a short-term disability claimant’s ERISA claims to proceed past the pleading stage. ... On the disclosure count, the court held that Plaintiff adequately alleged that the third-party administrative services agreement between Schwan’s and Sedgwick qualifies as a contract or other instrument under which the plan is established or operated under 29 U.S.C. § 1024(b)(4).” MORE >>
Source: Roberts Disability Law
Regulatory Action and Guidance
2 items"Recently proposed U.S. Department of Labor regulations that would encourage e-delivery of emaployee health plan documents are winning plaudits from both sides of the benefits bar for potentially streamlining the process and augmenting online transparency." MORE >>
Source: Law360
“On August 11, 2026, the Treasury Department and Internal Revenue Service published proposed regulations that, for the first time, provide comprehensive regulatory guidance on how to perform nondiscrimination testing for dependent care assistance programs (DCAPs) under Section 129 of the Internal Revenue Code. While the proposed regulations were prompted by the need to implement the…” MORE >>
Source: Thompson Hine
Health & Welfare Plans
1 item“When Kelley Daviss, CHRO at financial services firm Lendmark, analyzed the biggest health issues among the company's workforce around 2021, "diabetes jumped out," she said. "Like every other company, in looking for ways to help employees and to contain our costs for us and them, we look regularly at what our highest rate of diseases and afflictions within the population are," Daviss explained. "We learned that we had a high number of Type 2 diabetics in our company, and we were looking for something that was going to help the employee base with this, and of course help us with cost containment.” MORE >>
Source: Employee Benefit News
Also of Note
- An Employer’s Guide to Filing a Declaration of Intent for a Maryland FAMLI Private Plan — “Quick Hits Step 1: Registering for a FAMLI Employer Account The employer must register for a FAMLI account through the FAMLI Portal.” (Ogletree Deakins)
- Red Flags for Fraud: FinCEN Issues Advisory on Detecting Unlawful Employment Practices — “Analyzing these reports, FinCEN has identified typical schemes: employers engage in unlawful activity by hiring low-wage, unlawful workers through off-the-book payments, which allow the employers to evade payroll taxes, insurance requirements, and employment benefit premiums.” (National Law Review)
- Testosterone Use in Menopausal Women; Public Workshop; Request for Comments — “The FDA is holding a public workshop to examine scientific evidence and knowledge gaps regarding testosterone use in menopausal women, potentially informing future drug development and regulatory considerations.” (Federal Register)
- Solicitation of Nominations for Appointment to the World Trade Center Health Program Scientific/Technical Advisory Committee — “The CDC is seeking nominations for the World Trade Center Health Program's Scientific/Technical Advisory Committee, which advises on health issues for 9/11 responders and survivors.” (Federal Register)
- ‘Ultimately it’s going to be a great financial decision’: UHS CEO speaks on Talkspace bet — “The health system closed its $835 million acquisition of the virtual therapy provider on Monday.” (Healthcare Dive)
- New Jersey Launches Employee Separation Reporting Portal — “New Jersey employers must report employee separations through the portal within seven days of a worker’s separation, whether due to layoff, termination, resignation, or retirement.” (National Law Review)
- Sephora Fights Back Against Allegations of Discrimination Related to its Loyalty Program — “Consumers claim that when they voluntarily provide demographic information in the company’s loyalty program, the personalized recommendations that the program generates are discriminatory under California’s Unruh Civil Rights Act.” (Hall Benefits Law)
- California’s Updated AB 2321 Awaits Vote in State Senate — “Now, AB 2321 joins the queue for floor votes during the legislature’s final push, which runs from August 17 through August 31.” (Ogletree Deakins)