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October 2, 2026Weekly

The Weekly Highlights for Benefits Professionals

BenefitsWire

Health & Welfare Plans

Week of October 2, 2026

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12 items · ~3 min read

Regulatory Action and Guidance

12 items
Medical Devices; Gastroenterology-Urology Devices; Classification of the Flushing and Storage Solution for Vascular Autografts at Room Temperature

The FDA is classifying a flushing and storage solution for vascular autografts into class II (special controls) to ensure safety and effectiveness, potentially reducing regulatory burdens and improving patient access to innovative devices. MORE >>

Source: Federal Register

MHPAEA NQTL Enforcement Focus: - IMA Financial Group

“Sep 30, 2026 On September 8, 2026, the Employee Benefits Security Administration (EBSA) issued FIELD ASSISTANCE BULLETIN NO.” MORE >>

Source: Roberts Disability Law

Treasury, IRS Propose Trump Account Auto-Enrollment, Other Regulations

“The IRS issued draft regulations Tuesday that would allow the Secretary of the Treasury to automatically create an initial Trump Account, or 530A account, for eligible children without requiring a parent, guardian, or other adult to submit an enrollment election.” MORE >>

Source: PLANADVISER

DOL Issues Enforcement Relief on Wellness Program “Full Reward” Requirement Amid Tobacco Surcharge Litigation Wave

“Perhaps in response to a wave of recent litigation, the U.S. Departments of Labor ("DOL"), Health and Human Services ("HHS"), and the Treasury (collectively, the "Departments") recently issued guidance related to wellness programs (" FAQ Part 74"). The guidance addresses a long-simmering question under the wellness program nondiscrimination rules: whether an employee who satisfies a reasonable alternative standard ("RAS") after the beginning of the plan year must receive a reward retroactive to January 1, or only prospectively, from the date the standard is met.” MORE >>

Source: HUB International

Does the law back Enes Kanter Freedom's WNBA draft bid?

“In the News Nathan J. Oleson discusses when arbitration might be triggered as the WNBA weighs whether trans athletes are eligible to play. ESPN View Learn how we can help you confidently address your unique workplace legal challenges.” MORE >>

Source: Littler

Evolving PBM economic models: Implications for cash flow and the time value of money for commercial plan sponsors

“The findings reveal three key insights: Overall, among the POS approaches, the emerging net price model produces the most favorable plan results over time because manufacturers—not the plan—fund the TVM component by embedding the rebate directly in the pharmacy-counter price, while also improving transparency, cash accounting, auditability, predictability, and alignment of incentives and avoiding the additional funding cost present in traditional POS rebate arrangements.” MORE >>

Source: Milliman

Developing New York Proposes Opioid Antagonist Requirements for the Workplace

“The rule applies to private employers that OSHA requires to have first aid supplies readily available. This includes any person, corporation, LLC, or association employing individuals in any occupation, industry, trade, business, or service. Government employers—including the state, political subdivisions, public authorities, and other governmental agencies—are excluded. The term “workplace” means any location where an employer is required by 29 C.F.R. 1910.151 to have first aid supplies readily available.” MORE >>

Source: Ogletree Deakins

FBT Gibbons Represents BARCODE in Acquisition by Axum Capital Partners

“FBT Gibbons represented BARCODE, a U.S. performance hydration brand, in connection with Axum Capital Partners’ agreement to acquire a controlling interest in the company. The transaction closed in the third quarter of 2026.” MORE >>

Source: Miller & Chevalier

Part II: Biotech Deals — Handling of Complex Licensing Disputes

“Please join Arnold & Porter for Part II of our in-person series for legal and business leaders at biotechnology companies seeking to optimize their licensing and partnering strategies.” MORE >>

Source: Arnold & Porter

Gibson Dunn Client Alert Included in Wolters Kluwer’s Intellectual Property and Technology Law Journal

“Article | September 24, 2026 Intellectual Property and Technology Law Journal Wolters Kluwer’s Intellectual Property and Technology Law Journal [PDF] republished “Federal Circuit Reverses Trade Secret Verdict as Time-Barred, Clarifying When a Defend Trade Secrets Act Claim Accrues,” a firm client alert authored by Ilissa Samplin, Angelique Kaounis, Grace Hart, Doran Satanove and Josh Leopold.” MORE >>

Source: Gibson Dunn

Developing DOL/EBSA Narrows Mental Health Parity Enforcement Focus to Three Priority Areas

“On September 8, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03, outlining how it will enforce the Mental Health Parity and Addiction Equity Act’s (MHPAEA) nonquantitative treatment limitation (NQTL) requirements going forward. The bulletin follows through on EBSA’s January 2026 announcement identifying mental health/substance use disorder (MH/SUD) benefit barriers as a national enforcement priority, and responds to sustained industry complaints that prior NQTL enforcement and comparative analyses requirements created confusion and unnecessary compliance burdens.” MORE >>

Source: lexblog.com

Social Security Claiming Clarity Act Awaits President’s Signature

“Congress passed a bill changing the descriptions for Social Security claiming ages, as experts consider the impact of potential benefit cuts.” MORE >>

Source: PLANSPONSOR

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