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ARTICLE · 15 DECEMBER 2025

While Congress Slept: Health Benefit Developments During The Shutdown

Ballard Spahr LLP
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Although much of our attention this fall was focused on the government shutdown, health plan sponsors may be interested...

United StatesEmployment and HR
D. Finn Pressly
D. Finn Pressly
Edward I. Leeds
Edward I. Leeds
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Summary

Although much of our attention this fall was focused on the government shutdown, health plan sponsors may be interested in several less-publicized developments affecting group health plans.

The Upshot

  • Two universities have been accused in lawsuits of breaching their fiduciary duties in offering a health benefit option that is always or almost always unfavorable from a financial perspective when compared with another health plan option.
  • A court has vacated provisions in the regulations under Section 1557 of the Affordable Care Act that treat discrimination based on gender identity as sex discrimination.
  • New FAQs allow employers to provide fertility benefits under a separate plan that stands apart from any other group health plan.

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