The health benefits landscape is undergoing significant changes. Recent developments in policy and legislation are poised to reshape the economic environment, affecting employer plan sponsors, insurance providers, third-party administrators, and those enrolled in employer-sponsored health plans.
On June 20, 2025, the US District Court for the District of Arizona ruled that Internal Revenue Service (IRS) Notice 2021-20, challenged by a tax advisory firm, was an “interpretive rule” and did not violate the Administrative Procedure Act. Despite the IRS issuing $269 billion in Employee Retention Credits, more than 200,000 claims have been disallowed, and 592,000 remain pending. The court noted that the notice’s provisions are not binding, and taxpayers can still argue their eligibility based on specific circumstances, leaving room for future challenges.
Learn more about opportunities for employers and their tax advisers here.
On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The OBBBA includes several employee benefits-related provisions impacting employer-sponsored plans and fringe benefits, including changes to health savings account eligibility, telehealth coverage, dependent care flexible spending accounts (FSAs), employer-provided childcare credits, student loan repayment programs, and more.
Learn more about the OBBBA’s employee benefits provisions here.
The One Big Beautiful Bill Act permanently extends the telehealth safe harbor for high-deductible health plans (HDHPs) for plan years beginning after December 31, 2024. This extension allows HDHPs to cover telehealth and remote care services at low or no cost, expanding access for millions of participants and encouraging digital health providers, insurers, and employers to reassess and update their offerings to meet the growing demand.
Learn more about the telehealth HDHP safe harbor extension here.
In this edition of Health Policy Breakroom, Sarah Raaii and Rachel Stauffer join Julia Grabo to explore a crucial virtual care provision from the recently enacted One Big Beautiful Bill Act, exploring its effects on patients, employers, and the broader landscape of virtual care policy.
The Internal Revenue Service (IRS) recently released Tax Tip 2025-39, reminding businesses about the Childcare Tax Credit. Taxpayers may receive a credit of up to $150,000 per year to offset 10% of qualified childcare resource and referral costs and 25% of qualified childcare facility costs. To be eligible for the credit, an employer must have paid or incurred qualified childcare costs during the tax year to provide childcare services to employees.
Learn more about other new IRS guidance in this IRS roundup.
Health insurers recently announced steps to improve the prior authorization process, a move that was praised by US Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. and Centers for Medicare & Medicaid Services (CMS) Administrator Mehmet Oz. This initiative responds to longstanding complaints from patients and providers about the complexity and burden of prior authorization, which often leads to denied coverage for necessary care. While CMS and HHS have already implemented regulations to address these issues, the question remains whether the new industry commitments add anything beyond what is already required.
On June 18, 2025, the Supreme Court of the United States ruled in United States v. Skrmetti, upholding Tennessee’s SB1 law that limits access to gender-affirming care for minors. The court’s 6-3 decision, written by Chief Justice John Roberts, deemed the law constitutional under a rational basis review, determining it classifies based on age and medical use rather than sex or transgender status.
These FAQs highlight key implications for healthcare providers, hospitals, health systems, health plans, and employer plan sponsors navigating the ruling’s consequences.
On June 3, 2025, Allison Wilkerson and Myriem Bennani participated in a webinar hosted by the National Center for Employee Ownership (NCEO). They discussed proactive strategies for managing ESOP distribution and diversification obligations, including legal requirements, planning opportunities with “administrative loans,” and methods to meet benefit level goals, offering valuable insights for companies navigating ESOP administration.
Vermont’s governor recently signed S 30 into law. The legislation, which goes into effect on September 1, 2025, requires that health insurance plans provide coverage for healthcare and dental services delivered through telemedicine to the same extent as if the services were provided through in-person consultations. Health insurance plans must also provide the same reimbursement rate for services billed using equivalent procedure codes and modifiers, subject to the terms of the health insurance plan and provider contract, regardless of whether the service was provided in person or through telemedicine.
For more updates on state legislative and regulatory developments related to telehealth, check out the latest Trending in Telehealth published by the Health & Life Sciences Group.
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