The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans
October 7, 2026
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12 items · ~3 min read
Top of the Brief
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.”
In this issue
Regulatory Action and Guidance (7) · Health & Welfare Plans (2) · Litigation (2) · Webinars (1)
Regulatory Action and Guidance
7 items“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
“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: Moreton & Company
“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
[Litigation]
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
[General Benefits]
Developing Mental Health Parity: DOL Provides Employers with a Compliance Roadmap | Hylant“Compliance October 5, 2026 On September 8, 2026, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2026-03 to clarify its approach to enforcing the parity requirements for nonquantitative treatment limitations (NQTLs) under the Mental Health Parity and Addiction Equity Act (MHPAEA).” MORE >>
Source: hylant.com
“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).” MORE >>
Source: The Commonsense 401(k) Project
“On Monday, the HHS and Labor and Treasury Departments finalized a rule meant to strip out junk cluttering cost disclosures, among other reforms. Employers cheered the changes.” MORE >>
Source: National Law Review
Health & Welfare Plans
2 items“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
[General Benefits]
DOL Provides Clarity on Mental Health Parity Enforcement: What FAB 2026-03 and the New Enforcement Guidance Tool Mean for Health Plan Sponsors“The Department of Labor’s Employee Benefits Security Administration (EBSA) recently released additional guidance regarding the nonquantitative treatment limitation (NQTL) comparative analysis requirements contained in the Mental Health Parity and Addiction Equity Act (MHPAEA), as amended by the 2021 Consolidated Appropriations Act (CAA).” MORE >>
Source: calfee.com
Litigation
2 items“66 Franklin Street, Suite 300 Oakland, CA 94607 In Macpeak v. Unum Life Insurance Company of America, No. 24-1650, 2026 WL 2906206 (E.D. Pa. Sept.” MORE >>
Source: Roberts Disability Law
“After hearing arguments in April 2026, a Seventh Circuit panel declined to overturn a lower court ruling dismissing a union fund’s challenge to an Arkansas rule affecting pharmacy benefit managers (PBMs). The case is Central States Southeast & Southwest Areas Health & Welfare Fund et al. v. McClain, Case Number 25-2727, U.S. Court of Appeals for the Seventh Circuit. Central States, a multiemployer fund supporting union workers, sued the Arkansas Insurance Department and state insurance commissioner in April 2025 over Arkansas Department of Insurance Rule 128. That rule requires health plans to disclose pharmacy compensation and pay drug-dispensing fees if a PBM or other intermediary shortcha” MORE >>
Source: Hall Benefits Law
Webinars
1 item"On September 8, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin (FAB) 2026-03, announcing that EBSA will prioritize enforcement in three areas: treatment exclusions and separate treatment limitations, medical necessity standards and utilization review processes, and network adequacy standards, including admission criteria and provider reimbursement methodologies. Alongside the FAB, EBSA released a companion compliance resource identifying potential warning signs of MHPAEA violations — giving plan sponsors, TPAs, and insurers a clearer picture of exactly where investigators are likely to start." MORE >>
Source: Groom Law Group