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September 4, 2026Weekly

The Weekly Highlights for Benefits Professionals

BenefitsWire

Health & Welfare Plans

Week of September 4, 2026

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12 items · ~3 min read

Regulatory Action and Guidance

12 items
Internal Revenue Bulletin: 2023-36 | Internal Revenue Service

“This document proposes amendments to regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and proposes new regulations for the nonquantitative treatment limitation (NQTL) comparative analyses required under MHPAEA, as amended by the Consolidated Appropriations Act, 2021 (CAA, 2021). The regulations are issued jointly with the Department of Health and Human Services, and the Department of Labor.” MORE >>

Source: IRS

Final rules.

“This document sets forth final rules amending regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and adding new regulations implementing the” MORE >>

Source: CMS

Clearing the Air: Tri-Agencies Issue Enforcement Relief on the Wellness Program “Full Reward” Requirement

“In the FAQs, the Departments announced that they will not take enforcement action against a plan or issuer that provides a health-contingent wellness program reward only on a prospective basis—that is, from the date a participant satisfies a reasonable alternative standard—rather than retroactively to the first day of the plan year. The Departments also clarified the types of information that employers must disclose about a wellness program.” MORE >>

Source: Groom Law Group

Commercial Mortgage-Backed Securities Distress Is Peaking — Again

“Press Coverage August 31, 2026 Mark A. Silverman Mark Silverman, a partner in Troutman Pepper Locke’s Bankruptcy and Restructuring Practice Group, was quoted in the August 31, 2026, Commercial Observer article, “Commercial Mortgage-Backed Securities Distress Is Peaking — Again.” MORE >>

Source: Ogletree Deakins

Agency Information Collection Activities; Proposed Collection; Comment Request; Allegations of Regulatory Misconduct Voluntarily Submitted to the Center for Devices and Radiological Health

The FDA is seeking public comment on a proposed information collection regarding voluntary submissions of allegations of regulatory misconduct to its Center for Devices and Radiological Health, as mandated by the Paperwork Reduction Act. MORE >>

Source: Federal Register

Developing ERIC Health Care Policy Highlights: Victory! Tobacco Cessation FAQs; New Tobacco Surcharge Amicus; and More

“Forgot Your Password? If you do not yet have an ERIC Online profile or user name and password, please create one using Create Profile Form. If you need assistance with your user name/password or profile, please contact ERIC at (202) 789-1400.” MORE >>

Source: ERIC

Chairman Smith on PCE, GDP Reports: Manufacturing Booms as Core Inflation Holds Steady

“WASHINGTON, D.C. – Ways and Means Committee Chairman Jason Smith (MO-08) released the following statement after the release of the July reading of the Personal Consumption Expenditures (PCE) price index, showing core inflation holding at 3.” MORE >>

Source: House Ways & Means Committee

Racial Nondiscrimination in Private Schools

“Proposed Rule on public inspection, scheduled to publish 2026-09-04.” MORE >>

Source: Federal Register

Developing Tobacco Surcharges: New Federal Guidance Gives Employers Some Relief, But Not a Free Pass

“ACA FAQ Part 74 now provides welcome relief. The Departments acknowledged that the regulations do not clearly require retroactive application of the reward and announced they will not take enforcement action against plans that apply the reward prospectively after an employee satisfies a reasonable alternative standard. In other words, if an employee completes a tobacco cessation program during the plan year, the employer generally may stop applying the surcharge going forward without refunding surcharges previously collected that year. The new guidance does not eliminate all compliance concerns.” MORE >>

Source: Bricker Graydon

Walberg, Mackenzie Seek Audit of Additional DOL Agencies Following Inspector General Findings

House Republicans asked the DOL's Inspector General to audit additional agencies for improper information sharing with trial lawyers and advocacy groups, following a prior audit that found deficiencies in controls and oversight. MORE >>

Source: House Education & Workforce Committee

Tri-Agency Guidance Addresses Requirements for Tobacco Surcharge Programs | Insights | Mayer Brown

“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

Federal Agencies Release FAQs Addressing Main Issues in Health Plan Tobacco Surcharge Lawsuits Federal Agencies Release FAQs Addressing Main Issues in Health Plan Tobacco Surcharge Lawsuits

“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

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
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