The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
September 2, 2026
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7 items · ~2 min read
Top of the Brief
Employers Explore Novel Approaches to Manage Rising Healthcare Costs“Leveraging pharmacies for medical care and incentivizing employees to seek preventive care are among the ways plan sponsors are trying to keep cost hikes in check.”
In this issue
Regulatory Action and Guidance (3) · Health & Welfare Plans (4)
Regulatory Action and Guidance
3 items“In late July, the Department of Labor proposed new regulations that would extend the “notice-and-access” electronic disclosure model that the DOL finalized in 2020 for retirement plans to group health plans. The proposed rule closely tracks the current notice-and-access model for retirement plan disclosures, but with some modifications for health plans, as explained below. Comments on the proposed rule are due by September 21, 2026. The following are important points about the proposal: Proposal is limited to group health plans. The new safe harbor would be available only for “group health plan” disclosures. Disability, life, severance, and other welfare plan disclosures remain outside the s” MORE >>
Source: Proskauer (ERISA Practice Center)
“Employers need not pay employees retroactively in order to satisfy legal requirements under the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act, according to guidance issued by agencies including the Department of Labor. The guidance should make clear to plan sponsors and issuers that so long as wellness programs are “reasonably designed, and otherwise non-discriminatory…they will not be penalized for wanting to help motivate the people they cover to make efforts to improve their health,” Assistant Secretary for Employee Benefits Security Daniel Aronowitz said in a statement.” MORE >>
Source: hr-brew.com
“Federal agencies are giving employers breathing room on a long-standing question involving tobacco surcharges and wellness programs, saying employers will not face federal enforcement for failing to retroactively reimburse workers for health insurance premium surcharges incurred before they satisfy a wellness program requirement. The U.S. departments of Labor, Health and Human Services, and Treasury on Aug. 26 issued new guidance addressing health-contingent wellness programs under the Affordable Care Act and the Health Insurance Portability and Accountability Act. ... “Until further guidance or regulations are issued, the departments will not take enforcement action against plans or issuers” MORE >>
Source: shrm.org
Health & Welfare Plans
4 items“Attorneys from McDermott Will & Schulte review the costs, benefits and risks for employers to evaluate when deciding how their benefits address these popular medications.” MORE >>
Source: PLANSPONSOR
“Differences between physical and mental health services mean ensuring equal care ‘in spaces that can be quite different.” MORE >>
Source: PLANSPONSOR
“We’re rounding up last week’s stories, including a new H-1B visa fee proposed by the U.S. Department of Homeland Security. Healthcare costs are expected to rise by close to 10% in 2027, per analysis from professional services firm Aon — averaging out to more than $19,000 per employee.” MORE >>
Source: Employee Benefit News
“Leveraging pharmacies for medical care and incentivizing employees to seek preventive care are among the ways plan sponsors are trying to keep cost hikes in check.” MORE >>
Source: PLANSPONSOR
Also of Note
- New FAQs Offer Relief for Employers Sponsoring Wellness Programs — “The FAQs announce a new enforcement posture with respect to the first issue and a clarification with respect to the second, both of which should reduce the compliance burden for employers: Although it is important to note that the FAQs do not — nor do they purport to — change the underlying regulatory guidance, the exercise of enforcement discretion described in the FAQs should significantly simplify employer administration of wellness programs.” (National Law Review)
- Opinion: How to manage nuanced accommodation requests — “External Publication Deidra A.” (Littler)
- As costs mount, employees say they want financial, not wellness benefits — “Pay growth and long-term incentives matter most to employees at the moment as well as spot bonuses with increased frequency, Gartner said.” (HR Dive)
- Workplace AI Regulation in 2026: How Employers Can Navigate the Changing Legal Landscape — “The first half of 2026 brought significant developments in Colorado, Connecticut, and Illinois, and courts issued significant rulings in the pending AI-hiring litigation discussed below.” (National Law Review)
- ‘It’s a bit of a Groundhog day' — “In the News As Canada's retaliatory tariffs squeeze payrolls, Stephen Shore says Canadian employers’ obligations to their employees’ psychological health and safety hold firm.” (Littler)