Health and Welfare Plans

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During the last week of August, the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) issued FAQs Part 74, addressing HIPAA nondiscrimination and wellness program rules. 

In the FAQs, the Departments confirmed that sponsors of group health plans have considerable flexibility in crafting wellness programs and should not be penalized for…

In late July, the Department of Labor proposed new regulations that would extend the “notice-and-access” electronic disclosure model that the DOL finalized in 2020 for retirement plans to group health plans.  The proposed rule closely tracks the current notice-and-access model for retirement plan disclosures, but with some modifications for health plans, as explained below. 

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Building on FAQs Part 72 released last fall, on May 10, the Departments of Labor, Treasury, and Health and Human Services announced proposed regulations outlining a path for employers to offer fertility coverage as a limited excepted benefit. 

What does this mean?

Employers could cover fertility-related expenses for employees without complying with the ACA…

Group health plan sponsors should take note of the February 16, 2026 deadline to update HIPAA Notices of Privacy Practices (“NPPs”) to reflect recent privacy updates for Part 2 records.

What is an NPP and why does it impact employers and other plan sponsors?

HIPAA requires that covered entities, such as group health plans, provide…