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ECFC EMPLOYER ALERT


Individual Medical Policy May Result in Significant Excise Tax Liability

The Employers Council on Flexible Compensation (ECFC) is an industry association made up of leading cafeteria and related benefit plan service providers and plan sponsors. In the aftermath of agency guidance, ECFC has received numerous inquiries from employer plan sponsors and member companies as to whether employers can make available individual major medical coverage to employees on a tax-free basis as part of an employer-sponsored arrangement. This practice may have significant adverse tax consequences for employer plan sponsors. This Employer Alert Bulletin is intended to direct employers, and their counsel, to authoritative guidance on the issue.

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HHS Issues Updated Model Notices of Privacy Practices and Announces Part 2 Enforcement Program

HHS has updated its model Notice of Privacy Practices (NPP) materials to help covered entities and business associates comply with the Part 2 related NPP requirements that became enforceable on February 16, 2026.

02/26/2026

What Federal Mandates Apply to Our Company's Group Health Plan Other Than ERISA, COBRA, and HIPAA?

Many federal laws create mandates that may apply to your group health plan.

12/18/2025

IRS Guidance on Trump Accounts Addresses Cafeteria Plans and Employer Contributions, Announces Regulations on the Way

The IRS has announced that it intends to issue proposed regulations regarding Trump Accounts (TAs)

12/11/2025

Who Must Receive SPDs for ERISA Health and Welfare Plans?

QUESTION: We are reviewing the SPD procedures for our ERISA health and welfare plans and need some guidance. Who must receive SPDs for these plans?

12/02/2025

What Employees Are Counted for Purposes of COBRA’s Small Employer Exception?

QUESTION: We understand there is a small employer exception to COBRA for employers with fewer than 20 employees. What employees should we count for purposes of this exception?

12/02/2025