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

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

Final Regulations from Treasury and IRS Implement SECURE 2.0 Act Provisions

The Department of the Treasury and the Internal Revenue Service (IRS) recently issued final regulations that address and implement various provisions of the SECURE 2.0 Act. One of the major topics in these regulations is the new Roth IRA catch-up rule. Catch-up contributions are those that employees aged 50 or older make as additional contributions to a 401(k) or another workplace retirement plan. The Roth Read More

Congressional Democrats Propose Bill Limiting Insurers from Acquiring Health Clinics and Practices

A coalition of Congressional democrats has introduced the Patient Over Profits (POP) Act, which directly targets UnitedHealth Group and its subsidiary, Optum. The legislation is designed to restrict large insurance companies like UnitedHealth from acquiring health clinics and practices. Cosponsors of the bill include U.S. Sens. Edward Markey and Alexandria Ocasio-Cortez, supported by Sens. Jeff Merkley and Elizabeth Read More

DOL Finds Morgan Stanley’s Deferred Compensation Program Exempt from ERISA

The U.S. Department of Labor (DOL) has issued Advisory Opinion 2025-03A, in which it resolves a dispute over Morgan Stanley’s deferred compensation program, which provides incentive awards to financial advisors. In its opinion, the DOL found that the program is a bonus, not a pension plan subject to the Employee Retirement Income Security Act (ERISA). The impact of the DOL opinion for Morgan Stanley employees is Read More

No ERISA Preemption of Arkansas Insurance Rule Regulating Pharmacy Reimbursements

A federal court recently decided that the Employee Retirement Income Security Act (ERISA) does not preempt an Arkansas insurance rule that affects pharmacy reimbursements. The case is Cent. States, Se. and Sw. Areas Health and Welfare Fund v. McClain, 2025 WL 2522621 (N.D. Ill. 2025). Arkansas implemented an insurance rule that regulates pharmacy reimbursements. The rule requires health benefit plans and Read More