Federal Agency FAQs Clarify How Insurance Plans May Offer Fertility Treatment as Excepted Benefits

The U.S. Department of Labor (DOL), Health and Human Services (HHS), and Internal Revenue Service (IRS) recently issued FAQs About Affordable Care Act Implementation Part 72. President Donald Trump’s Executive Order 14216, “Expanding Access to In Vitro Fertilization,” is likely the reason these FAQs were issued. The purpose of these FAQs is to clarify how employer-sponsored health insurance plans may provide Read More

EEOC Filed A Record 10-Year Low Number of Suits in FY 2025

The U.S. Equal Employment Opportunity Commission (EEOC) has hit a 10-year low in the number of suits filed during FY2025. The EEOC filed 93 suits in FY2025, one of the lowest numbers in the past 30 years. In contrast, the EEOC filed 71 suits in just one month of FY2023.  Following the typical pattern, the EEOC’s FY2025 suits were primarily filed under Title VII and the Americans with Disabilities Act (ADA). Read More

Cigna to Join TrumpRx Fertility Drug Expansion Program

President Trump recently announced that it would offer Gonal-F, a drug used by women undergoing in vitro fertilization, for a highly discounted price through TrumpRx.gov, a pharmacy website open to the public. TrumpRx.gov is expected to begin operations in January 2026. Its purpose is to offer discounted medications directly to U.S. consumers. The Trump administration launched the project after reaching a deal with Read More

Colorado First State to Place Price Cap on Prescription Drug

The state of Colorado has made history as its Prescription Drug Affordability Review Board has placed a price limit on the prescription drug Embrel from Immunex Corp. Embrel is used to treat rheumatoid arthritis and other autoimmune diseases. The Colorado Consumer Health Initiative estimates that the price cap could save consumers $32 million in drug spending. About 60% of the 2,500 individuals in Colorado who Read More

ICHRA Legislation Reboot May Attract Bipartisan Support Amidst Government Shutdown

Although lawmakers of both parties failed to include a law concerning Individual Coverage Health Reimbursement Arrangements (ICHRAs) into the One Big Beautiful Bill Act (OBBBA), efforts are underway to “reboot” ICHRA through a stand-alone bill. Republican lawmakers in the House and Senate have both introduced versions of a new ICHRA bill. Supporters of ICHRAs praise them for expanding access to more affordable and Read More

Trump to Impose 100% Tariff on Some Imported Prescription Drugs

President Donald Trump recently posted on Truth Social that he intends to impose a 100% tariff on some imported prescription drugs, effective October 1, 2025. The 100% tariff has not been widely implemented as of October 30, 2025, but its threat remains an active tool for pressuring pharmaceutical companies. The new tariff would affect both brand-name prescription medications and patented medical products. The only Read More

District Court Greenlights ERISA Fiduciary Breach Claim for Lack of Disclosures and No Surprises Act Claim

A federal district court recently allowed claims under the Employee Retirement Income Security Act (ERISA) and the No Surprises Act to proceed but dismissed various other claims. More specifically, the court refused to dismiss an ERISA fiduciary breach claim for failing to make certain required disclosures and a claim under the No Surprises Act for failing to update a provider directory. In Orrison v. Mayo Read More

Federal Court Rules ERISA Doesn’t Preempt Arkansas PBM Rule

An Illinois federal district court has ruled that the Employee Retirement Income Security Act (ERISA) does not preempt an Arkansas Insurance Department (“the Department”) rule that regulates pharmacy benefit managers (PBMs). The case is Central States, Southeast and Southwest Areas Health and Wellness Fund et al. vs. McClain. Rule 128 requires ERISA-governed plans to report certain information about compensation Read More

Myths about Pay Transparency for Employers

Pay transparency is increasingly becoming a business requirement. Many states require job postings to include salary ranges, and state laws mandating pay transparency are only expanding. Due to the increasing requirements concerning pay transparency, employers need to not only be aware of their duties under pay transparency laws but also move toward practices that embrace them. As a result, employers must recognize Read More

Law Firms Accused of Misusing Employee 401(k) Funds in Violation of ERISA

Plan participants filed a class action suit under the Employee Retirement Income Security Act (ERISA) against their employer, Husch Blackwell LLP, a Kansas City law firm. The suit alleges that the law firm misused employee 401(k) contributions to fund operating expenses and other breaches of fiduciary duty. The suit, which is now pending in the U.S. District Court for the Western District of Missouri, alleges Read More