Gag Clause Attestation Due December 31, 2025

Aris Herrera

As previously reported, insurance carriers and plan sponsors of group health plans must submit information annually to the Centers for Medicare and Medicaid Services (“CMS”) attesting that their plans do not include prohibited gag clauses by December 31st each year. The next attestation is due by December 31, 2025. A gag clause is a contractual term that directly or indirectly restricts specific data and information that a plan or issuer can make available to another party. These clauses may be found in agreements between a plan or carrier and any of the following parties: A gag clause may also be found in the downstream agreements of the service provider. Carriers and… Read More

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Navigating Delaware Paid Family and Medical Leave

Aris Herrera

Think of Paid Family & Medical Leave (PFML) in Delaware as a 2-lane highway: the State Plan and the Private Plan. The destination is the same no matter which route an employer chooses, but depending upon their circumstances, employers might find that one or the other is an easier trip. Employers who haven’t decided which path to choose will need to do so soon. When considering the Private Plan route, it’s important to stay on top of state-mandated deadlines. The Private Plan application window is similar to an open enrollment window. And it’s open NOW: October 1 through December 1, 2025. This is the last opportunity for a Private Plan to go into effect at the same time… Read More

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Video: Health Insurance Open Enrollment

Aris Herrera
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Delaware Amends Paid Family and Medical Leave law

Aris Herrera

On July 30, 2025, Governor Matt Meyer signed HB 128 (“the Act”) into law, amending Delaware’s paid family and medical leave law (“PFML”). The Act was effective immediately once it was signed into law. Background Delaware’s PFML law, the Healthy Delaware Families Act, requires certain employers to provide their covered employees with up to $900 per week in paid leave for parental, family caregiving, medical, and qualified military exigency leave. Contributions to the state plan began on January 1, 2025, and benefits will begin on January 1, 2026. The Act amends several provisions of the PFML law, specifically the following:

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