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 itemsThe 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
“Sep 30, 2026 On September 8, 2026, the Employee Benefits Security Administration (EBSA) issued FIELD ASSISTANCE BULLETIN NO.” MORE >>
Source: Roberts Disability Law
“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
“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
“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
“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
“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 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
“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
“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
“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
“Congress passed a bill changing the descriptions for Social Security claiming ages, as experts consider the impact of potential benefit cuts.” MORE >>
Source: PLANSPONSOR