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October 6, 2026Health & Welfare

The Daily Brief for Benefits Professionals

BenefitsWire

Health & Welfare Plans

October 6, 2026

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14 items · ~3 min read

In this issue

Regulatory Action and Guidance (6)  ·  Health & Welfare Plans (3)  ·  Litigation (3)  ·  Webinars (2)

Regulatory Action and Guidance

6 items
New Regulations Make It Easier to Find, Compare, and Report Healthcare Pricing and Coverage Information

“Updates to the Transparency in Coverage (TiC) rules, finalized today by the Centers for Medicare & Medicaid Services (CMS), in partnership with the Departments of Labor and the Treasury (the Departments), build on the historic health care price transparency rules established during President Trump’s first term. The final rules improve the underlying healthcare pricing data by reducing duplicative and unnecessary information, providing more context about in-network prices, increasing available out-of-network pricing information, and strengthening accountability for the completeness and accuracy of published data. Reporting frequency for pricing information will change from monthly to quarterl” MORE >>

Source: CMS

Transparency in Coverage Final Rules (CMS 9882-F)

“Share Transparency in Coverage Final Rules (CMS 9882-F) Introduction Consistent with the President’s Executive Order 14221, “Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information,” on October 5, 2026, the Department of Health and Human Services (through the Centers for Medicare & Medicaid Services), in partnership with the Departments of Labor and the Department of the Treasury (collectively, the Departments) jointly finalized changes to the Transparency in Coverage regulations to improve the accessibility of pricing disclosures to participants, beneficiaries, and enrollees, and the standardization and reliability of the publi” MORE >>

Source: CMS

Settled: 7 lawsuits employers resolved in September

“Two high-profile employers paid millions last month to end lawsuits alleging that their diversity, equity and inclusion programs were discriminatory. Last month saw employers agree to settle lawsuits affecting a wide range of trending topics in the employment law space.” MORE >>

Source: HR Dive

Affordable Care Act Implementation FAQs - Set 17 | CMS

“CCIIO Set out below are additional Frequently Asked Questions (FAQs) regarding implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), as amended by the Affordable Care Act.” MORE >>

Source: CMS

EBSA Narrows MHPAEA Enforcement Focus: What Field Assistance Bulletin 2026-03 Means for Plan Sponsors

“The Department of Labor's ("DOL") Employee Benefits Security Administration ("EBSA") recently issued Field Assistance Bulletin 2026-03 ("FAB 2026-03"), outlining a narrowed enforcement approach to the Mental Health Parity and Addiction Equity Act's ("MHPAEA") nonquantitative treatment limitation ("NQTL") comparative analysis requirements.” MORE >>

Source: HUB International

October 5, 2026 Client Alert - Moreton

“The DOL’s Employee Benefit Security Administration (EBSA) recently issued helpful guidance on its current enforcement priorities with respect to the non-quantitative treatment limitation (NQTL) requirements of the Mental Health Parity and Addiction Equity Act (MHPAEA).” MORE >>

Source: PLANSPONSOR

Health & Welfare Plans

3 items
Small businesses see big value in benefits, but need help with rising cost, complexity

“Small-business owners overwhelmingly see the value of employee benefits, according to a new survey, but many say they need outside help navigating the complexities of offering them.” MORE >>

Source: Groom Law Group

Poll: Cost of Health Care and Gas Top Voters’ Midterm Concerns; Democrats Hold Significant Advantage on Health Care Costs and Cost of Living

“Just a month away from the midterm elections, affordability worries continue to top the public’s list of midterm election issues, with health care costs and gas costs tying as the top economic concern, KFF’s new Health Tracking Poll finds.” MORE >>

Source: KFF

Few Plan for at-Home Long-Term Care, per Northwestern Mutual

“Plan participants mostly lack the readiness to meet potential long-term care needs, according to a recent survey.” MORE >>

Source: PLANSPONSOR

Litigation

3 items
Can an ERISA Section 510 Retaliation Claim Be Forced into Arbitration? A Texas Court Says Yes, Even with a Benefits Carve-Out

“66 Franklin Street, Suite 300 Oakland, CA 94607 In Hawkins v. Wells Fargo Bank, N.A., No. 3:26-cv-00026, 2026 WL 2905988 (S.D. Tex. Sept.” MORE >>

Source: Roberts Disability Law

U.S. District Court Vacates in Full a Nearly $50 Million Arbitration Award Against Client OptumRx

“Firm News | October 5, 2026 On October 2, 2026, the U.S. District Court for the Middle District of Florida, Jacksonville Division unsealed a rare order vacating in full a nearly $50 million arbitration award against a Gibson Dunn client.” MORE >>

Source: Gibson Dunn

Healthcare’s High-Stakes Courtroom Battles

“Press Coverage October 5, 2026 Lauren Morgan Fincher Lauren Morgan Fincher, a partner in Troutman Pepper Locke’s Regulatory Investigations, Strategy + Enforcement Practice Group, was quoted in the October 5, 2026, Fierce Healthcare article, “Healthcare’s High-Stakes Courtroom Battles.” MORE >>

Source: Troutman Pepper Locke

Webinars

2 items
Developing Negotiating Third-Party Administrator Agreements for Health Plans: Essential Provisions and Strategic Considerations – Webinar Recording Available

"The firm hosted a webinar on September 29th. As health care costs continue to rise, more employers are transitioning to self-funded health plans. This webinar explored the importance of successfully negotiating the terms of a third-party administrator (TPA) agreement, including key considerations for containing costs and ensuring appropriate legal protections." MORE >>

Source: Trucker Huss

Also of Note

  • Treasury, IRS Issue Guidance on Employer Credit for Paid Family and Medical Leave — “The Department of the Treasury and the Internal Revenue Service (IRS) recently issued guidance for employers on the credit for paid family and medical leave under Internal Revenue Code (IRC) Section 45S, as amended by the One, Big, Beautiful Bill Act (OBBBA).” (The Commonsense 401(k) Project)
  • KFF Health Tracking Poll: Health Care Issues in the Lead-Up to the 2026 Midterm Election — “News Release: Poll: Cost of Health Care and Gas Top Voters’ Midterm Concerns; Democrats Hold Significant Advantage on Health Care Costs and Cost of Living With the 2026 midterm campaigns in full swing and early voting about to begin, there is a wide enthusiasm gap between partisan voters, with Democratic voters 25 percentage points more likely than Republican voters to say they are “more motivated” than usual to vote (63% vs.” (KFF)

BenefitsWire · A digest for ERISA attorneys, third-party administrators, actuaries, recordkeepers, and benefits consultants.
An informational digest, not legal advice.
BDK2, LLC, 2503D N Harrison St PMB 2091, Arlington, VA 22207-1640

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