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September 25, 2026Health & Welfare

The Daily Brief for Benefits Professionals

BenefitsWire

Health & Welfare Plans

September 25, 2026

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7 items · ~2 min read

Top of the Brief

No Objective Proof, No Benefits: Massachusetts Court Upholds Hartford’s Termination of ERISA Long-Term Disability Benefits

“Because the Policy gave Hartford discretionary authority to determine eligibility, the court reviewed the decision under the deferential arbitrary and capricious standard and concluded that substantial evidence supported the termination. What standard governed the court’s review of this ERISA claim? The parties agreed that the Policy vested Hartford with discretionary authority to determine benefit eligibility and to construe the Policy’s terms. That grant triggered deferential review, under which the court would uphold Hartford’s decision unless it was arbitrary, capricious, or an abuse of discretion.”

In this issue

Regulatory Action and Guidance (1)  ·  Health & Welfare Plans (1)  ·  Litigation (3)  ·  General Benefits (1)  ·  Webinars (1)

Regulatory Action and Guidance

1 item
IRS Proposes Long-Awaited Nondiscrimination Testing Rules for Dependent Care Assistance Programs

“Last month, the Treasury Department and the IRS issued proposed regulations that provide guidance on the nondiscrimination testing rules for dependent care assistance programs (DCAPs) under Section 129 of the Internal Revenue Code (the “Code”). In a welcome and long-awaited development, the proposed regulations clarify that, under the 55% average benefits test, only employees who receive dependent care assistance benefits are counted when running this test. The proposed regulations also establish a framework for testing eligibility and permit employers to correct certain failures through income inclusion and Form W-2 reporting. The proposed regulations were issued with guidance on contributi” MORE >>

Source: Proskauer (ERISA Practice Center)

Health & Welfare Plans

1 item
Employers need to rethink access to mental health and recovery care

“Most employers have seen a rise in the use of mental health and substance use disorder services, but timely access to care remains a critical issue.” MORE >>

Source: Employee Benefit News

Litigation

3 items
No Surprises Here: Second Circuit Holds IDR Awards Should Be Enforced Administratively, and Not Through Private Plaintiff Lawsuits

“On September 17, 2026, the Second Circuit held that a provider holding more than $3 million in unpaid IDR awards has no private right of action to enforce them, leaving administrative complaints to regulators as its only recourse. The decision in East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Insurance Co. marks an important development in litigation regarding the enforceability of IDR awards in federal courts. Dispute volume has vastly exceeded what regulators projected. In 2025 alone, total dispute initiations reached 2.56 million, roughly 115 times the government’s initial estimate.” MORE >>

Source: Groom Law Group

No Objective Proof, No Benefits: Massachusetts Court Upholds Hartford’s Termination of ERISA Long-Term Disability Benefits

“Because the Policy gave Hartford discretionary authority to determine eligibility, the court reviewed the decision under the deferential arbitrary and capricious standard and concluded that substantial evidence supported the termination. What standard governed the court’s review of this ERISA claim? The parties agreed that the Policy vested Hartford with discretionary authority to determine benefit eligibility and to construe the Policy’s terms. That grant triggered deferential review, under which the court would uphold Hartford’s decision unless it was arbitrary, capricious, or an abuse of discretion.” MORE >>

Source: Roberts Disability Law

ERISA Plan Forfeits Deferential Review by Failing to Explain Conflicting Vocational Opinions

“The court examined the reports of Sun Life’s two vocational experts. During the initial review, the first expert concluded that Plaintiff’s occupation required walking or standing to a significant degree, roughly six hours in an eight-hour day, consistent with the regulatory definition of light work. On appeal, the second expert described the same occupation as requiring only occasional standing and walking, up to two-and-one-half hours per day, a description that tracked the lesser standard for sedentary work.” MORE >>

Source: Roberts Disability Law

General Benefits

1 item
To Be or Not to Be the Employer: Controlled Group Analysis for Tax-Exempt Organizations

“By: Carla Miller-James When analyzing benefit plan requirements , it is important for tax-exempt organizations that are part of a group of related employers to identify the correct “employer.” MORE >>

Source: Boutwell Fay

Webinars

1 item
[Webinar] Open Enrollment Readiness: Compliance First, So Execution Runs Smoother - October 6th, 1:00 pm - 2:00 pm EDT

“Open enrollment goes smoother when compliance is handled first, not last. Join Angela Surra, CIC, CISR, SHRM-CP, Principal Benefits Expert at Mineral by Mitratech, for a practical look at what to review, update, and document before enrollment opens this year....” MORE >>

Source: Mitratech Holdings, Inc

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