The Daily Brief for Benefits Professionals
BenefitsWire
Health & Welfare Plans · June 11, 2026
Expert Analysis
Departments extend the gag-clause attestation deadline for health plans
Plans received additional time to submit gag-clause prohibition compliance attestations, with the agencies clarifying which provider contract terms trigger the requirement.
DOL
Regulatory Action and Guidance
DOL signals continued focus on cybersecurity for plan fiduciaries
EBSA reiterated that its cybersecurity guidance applies to both retirement and health plans, and that prudent vendor due diligence is part of the fiduciary duty.
DOL
EBSA reminds plans of upcoming Form 5500 schedule and reporting changes
The agency highlighted revised Form 5500 schedules and counting rules for the coming filing season, affecting both defined contribution plans and funded welfare arrangements.
DOL
ERISA Litigation
Benefits litigation roundup: forfeitures, tobacco surcharges, and standing
Recent decisions split on whether using 401(k) forfeitures to offset employer contributions breaches fiduciary duty, while wellness tobacco-surcharge suits continue to advance.
Law360
Health & Welfare Plans
2026 HSA contribution limits and HDHP thresholds released
Health savings account maximums and the minimum deductibles defining HSA-qualified high-deductible health plans both rise for 2026, with the family contribution limit leading the increase.
IRS
Agencies issue guidance on mental health parity comparative analyses
The tri-agencies detailed how group health plans must document comparative analyses for nonquantitative treatment limitations, signaling continued parity enforcement priorities.
CMS
CMS posts revised transparency-in-coverage technical guidance for 2026
Updated machine-readable file specifications take effect next year, requiring plans and issuers to adjust in-network rate and allowed-amount postings to the new schema.
CMS
Employers weigh GLP-1 coverage as costs reshape 2026 plan design
Sponsors are adding prior-authorization and step-therapy guardrails to weight-loss drug coverage as GLP-1 spending pressures premiums heading into renewal season.
BenefitsPRO
New state paid-leave programs take effect, complicating multistate compliance
Several states launched or expanded paid family and medical leave programs this year, adding contribution and notice obligations for employers operating across jurisdictions.
HR Dive
Surcharge designs return as employers steer spouses to other coverage
More plans are layering spousal surcharges and coverage-eligibility audits onto 2026 designs, drawing closer review of notice content and dependent-eligibility documentation.
SHRM
Executive Compensation
Public companies refine clawback policies after the first enforcement year
Issuers are tightening incentive-compensation recovery policies and disclosure controls as the first full year under the listing-standard clawback rules closes.
JD Supra
409A documentation errors surface in deferred-compensation audits
Practitioners flag recurring Section 409A drafting slips in separation and bonus arrangements, urging plan-document reviews before year-end to avoid participant-level penalties.
JD Supra
Webinars
Webinar: open-enrollment communication strategies for 2026
Benefits leaders share approaches for communicating plan changes, HSA education, and GLP-1 coverage rules during a compressed open-enrollment window.
SHRM