The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
September 4, 2026
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12 items · ~4 min read
Top of the Brief
Agency Information Collection Activities: Comment Request on the Burden Related to the Advance Notice of Rescission of Health CoverageThe IRS is seeking public comment on the information collection burden associated with the advance notice of rescission of health coverage, as required by the Paperwork Reduction Act.
In this issue
Regulatory Action and Guidance (6) · Health & Welfare Plans (2) · General Benefits (4)
Regulatory Action and Guidance
6 items“On August 26, 2026, the US Departments of Labor, Health and Human Services, and Treasury (collectively, the “Departments”), issued important new guidance for plan sponsors addressing health-contingent wellness programs titled “FAQs About Affordable Care Act and Health Insurance Portability and Accountability Act Implementation Part 74” (“2026 FAQs”). In response to the ongoing wave of tobacco surcharge lawsuits, the Departments issued the 2026 FAQs to address whether a health-contingent wellness program,1 like a tobacco surcharge program, must retroactively reimburse a participant for the entire plan year when a participant satisfies a reasonable alternative standard (such as completing a to” MORE >>
Source: mayerbrown.com
“The FAQs refer to the Departments’ 2013 final rules on workplace wellness programs and focus on two requirements that have been at issue in the tobacco surcharge litigation: availability of the full reward and the employee notice. The FAQs address the question of whether an individual who satisfies a reasonable alternative standard partway through the plan year must be provided the reward retroactive to the beginning of the plan year or, alternatively, from the time they satisfy the reasonable alternative standard required for the reward. In answering this question, the Departments acknowledge that the preamble to the 2013 final rules includes statements indicating that retroactive payments ” MORE >>
Source: thehortongroup.com
“Federal agencies said that, until additional regulations or guidance are issued, they won’t take enforcement action against health plans that provide wellness rewards only after an employee completes an approved alternative standard, rather than applying the reward retroactively to the beginning of the plan year. In other words, employers may generally begin providing the reward from the date the employee satisfies the alternative requirement. The guidance also clarifies disclosure requirements for employers and insurance companies.” MORE >>
Source: jjkeller.com
“The departments of Labor, Treasury, and Health and Human Services (HHS) have issued new joint guidance in the form of Frequently Asked Questions (FAQs) that offer some enforcement relief with respect to employer-sponsored wellness programs, in particular the administration of tobacco premium surcharges that may be a part of employer-sponsored health plans.” MORE >>
Source: Bradley Arant Boult Cummings LLP
The IRS is seeking public comment on the information collection burden associated with the advance notice of rescission of health coverage, as required by the Paperwork Reduction Act. MORE >>
Source: Federal Register
“Seyfarth Synopsis: In newly issued ACA Implementation FAQs (Part 74), the Departments of Labor, Health and Human Services, and Treasury provide welcome guidance for employers sponsoring health-contingent wellness programs. Most notably, the agencies announced temporary enforcement relief regarding the retroactive application of wellness program rewards when a participant satisfies a reasonable alternative standard mid-year and clarified when plans must provide notice of the availability of a reasonable alternative standard. HIPAA’ s nondiscrimination rules generally prohibit group health plans from varying eligibility, benefits, or premiums based on a health factor. An important exception pe” MORE >>
Source: Seyfarth (Beneficially Yours)
Health & Welfare Plans
2 items“Compliance News | September 2, 2026 Many ACA provisions contain numbers or percentages that are indexed to various measures of inflation, and the federal government announces new numbers throughout the year.” MORE >>
Source: Segal
[Regulatory Action and Guidance]
HaloMD says No Surprises is lowering spending on emergency care. Researchers aren’t convinced.“A new analysis from HaloMD argues the No Surprises Act has cut out-of-network spending on emergency care by billions of dollars — though, some independent researchers are questioning how the controversial billing middleman arrived at that result. Out-of-network emergency medical spending has dropped between 13% and 52% since the NSA took effect at the start of 2022, according to the report released Thursday by HaloMD, which contracts with doctors and hospitals to represent them in surprise billing disputes and is one of the most active filers of claims.” MORE >>
Source: Healthcare Dive
General Benefits
4 items“Companies are looking for ways to redesign a leaner healthcare plan for 2027 or 2028 while balancing employee needs with company costs as well as the need to compete for and retain top employees. CFO Dive recently spoke to Stawicki about how companies are navigating the challenges, their legal obligations to their workers and what CFOs need to know before the window for making changes to 2027 or 2028 healthcare plans closes. The following Q&A was edited for clarity. CFO Dive: Where are we now in the calendar year for redesigning healthcare plans? Tim Stawicki: It depends upon the size of the employer. For larger employers it’s probably too late for 2027 plans.” MORE >>
Source: HR Dive
“As of end of August 2026, the expected hedge cost is estimated to be 89 bps for a hypothetical lifetime withdrawal benefit (GLWB) on variable annuities (VA) and 85 bps for registered index-linked annuities (RILA), down 3 and 2 basis points respectively from the previous month, driven by an increase in long-term interest rates.” MORE >>
Source: Milliman
“Open enrollment creates a perfect storm of challenges that drain resources while leaving workers uncertain about their choices. Insurance jargon and the sheer volume of benefit options overwhelm people, leading to poor decisions or simply rolling over last year’s selections. A 2024 report by LIMRA found that only 69% of employees felt they understood their medical benefits well, highlighting the widespread confusion that plagues enrollment periods.” MORE >>
Source: Employee Benefit News
[Regulatory Action and Guidance]
Is a Trump Account Contribution Program in the Cards for Your Company?“The Treasury Department and the IRS have published proposed regulations providing much-needed guidance on Trump account contribution programs under new Internal Revenue Code Section 128. This guidance provides clarity on the rules applying to these programs and should provide greater comfort to employers considering the benefit. This article discusses the key aspects of a Trump account contribution program that employers should know.” MORE >>
Source: National Law Review