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October 9, 2026Health & Welfare

The Daily Brief for Benefits Professionals

BenefitsWire

Health & Welfare Plans

October 9, 2026

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9 items · ~3 min read

Top of the Brief

FAQs about Affordable Care Act and Health Insurance Portability and Accountability Act Implementation Part 74

“(HHS), and the Treasury (collectively, the Departments). Like previously issued FAQs (available at https://www.dol.gov/agencies/ebsa/about-ebsa/our activities/resource-center/faqs and https://www.”

In this issue

Regulatory Action and Guidance (4)  ·  Litigation (4)  ·  General Benefits (1)

Regulatory Action and Guidance

4 items
FAQs about Affordable Care Act and Health Insurance Portability and Accountability Act Implementation Part 74

“(HHS), and the Treasury (collectively, the Departments). Like previously issued FAQs (available at https://www.dol.gov/agencies/ebsa/about-ebsa/our activities/resource-center/faqs and https://www.” MORE >>

Source: CMS

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

Trump Administration Strengthens Rules to Expose Hidden Health Care Prices, Hold Health Insurance Empires Accountable

The Trump Administration finalized rules strengthening price transparency for health insurance, requiring easier access to negotiated rates between insurers, doctors, and hospitals. This aims to empower patients to make informed healthcare decisions and curb surprise medical bills. MORE >>

Source: House Ways & Means Committee

Developing Mental Health Parity 2026: FAB 2026-03, Denials and Appeals

“Mental health parity in 2026: what DOL's FAB 2026-03 changes, what is enforceable today, and how BH and SUD providers can use parity in denial appeals. ... On September 8, 2026, the Department of Labor's Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin (FAB) 2026-03, which focuses its NQTL enforcement on three areas: blanket exclusions of mental health and substance use disorder (MH/SUD) treatment, medical necessity review, and network adequacy.” MORE >>

Source: Adentris

Litigation

4 items
When an ERISA Plan Doesn’t State the Deadline: Court Refuses to Enforce a One-Year Limitations Period and Penalizes an Employer for Failing to Produce the Plan

“66 Franklin Street, Suite 300 Oakland, CA 94607 In Thomas v. Amazon.com Services, Inc., No. 4:21-CV-02997, 2026 WL 2934940 (S.D. Tex. Sept. 29, 2026), a Texas federal court issued findings of fact and conclusions of law after a bench trial in an ERISA dispute over benefits under an employer injury-benefit plan.” MORE >>

Source: Roberts Disability Law

Litigators of the Week: Using Newly Uncovered Evidence to Knock Out a Nearly $50M Arbitration Award for OptumRx

“Accolades | October 9, 2026 Gibson Dunn’s Michael Holecek, Zachary Kady and Nadia Alhadi secured a ruling from a federal judge in Florida taking the “exceptional” step of vacating the award after finding it was procured by fraud.” MORE >>

Source: Gibson Dunn

When Dependent Life Coverage Ends at Divorce: Court Dismisses ERISA Benefits and Fiduciary-Breach Claims Despite an Employer’s Admitted Mistake

“66 Franklin Street, Suite 300 Oakland, CA 94607 In Wright v. Hartford Life and Accident Insurance Company, No. 3:25-CV-297-CHB, 2026 WL 2925146 (W.D. Ky. Sept.” MORE >>

Source: Roberts Disability Law

No Deference, No Clawback: ERISA Court Rejects Unum’s Discretionary Review and Its Bid to Recover Alleged Overpayments

“In Krambeck v. Unum Life Insurance Company of America, No. 8:24-cv-2102-TPB-NHA, 2026 WL 2935928 (M.D. Fla. Sept. 30, 2026), Judge Tom Barber of the United States District Court for the Middle District of Florida denied both parties’ cross-motions for summary judgment on a long-term disability claim governed by ERISA, ruling that the claim must proceed to a de novo bench trial. Along the way, the court held that de novo review applies despite a discretionary clause in the policy, and it granted Plaintiff summary judgment defeating Unum’s counterclaim to recover alleged overpayments.” MORE >>

Source: Roberts Disability Law

General Benefits

1 item
MHPAEA Compliance: Selecting and Monitoring Health Plan Service Providers

“The Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) new guidance recommends that health plan fiduciaries consider mental health parity compliance when selecting and monitoring service providers. The guidance appears aimed at common misunderstandings around service provider support, including assumptions that service providers will prepare MHPAEA comparative analyses, or that their processes are already compliant. EBSA provided sample questions for selecting health plan service providers, with extra help for plans with carve-out arrangements.” MORE >>

Source: blog.ifebp.org

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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