Chief among a raft of high-profile and controversial issues facing Congress this month is the need to fund the government before the end of fiscal year (FY) 2025 (so, by October 1). Failure means a government shutdown. It is unclear whether a shutdown could benefit either party, but some members on both sides may see some political value in a shutdown.
NAIFA
Recent posts by NAIFA
3 min read
September Brings Sprint to Fund the Government
By NAIFA on 9/15/25 11:14 AM
Topics: Congress
2 min read
Tax Package Could Include Issues of Importance to NAIFA
By NAIFA on 9/15/25 11:12 AM
Congressional Republicans are working on a new tax package. It could include an increase in the section 199A qualified business interest (QBI) deduction, and improvements to health savings account (HSA) rules. It could happen as part of another bill (government funding), or as a second all-GOP reconciliation bill.
Topics: Tax Reform
1 min read
House Republicans Offer Bill to Extend ACA Premium Tax Credits
By NAIFA on 9/15/25 11:09 AM
In a nod to the political potency of the risk that enhanced Affordable Care Act (ACA) premium tax credits will expire at the end of 2025, a group of 10 House Republicans—joined by several Democrats—have offered legislation to extend the premium tax credits as they were enhanced in 2021 (during the COVID pandemic) for one year.
Topics: Health Care Affordable Care Act Taxes
1 min read
Senate Democrats Introduce Legislation to Repeal Health Cuts in Recently Enacted New Law
By NAIFA on 9/15/25 11:08 AM
Senate Democrats have introduced legislation, S.2556, that would repeal the health care cuts, including those to Medicaid, that were enacted this past July in the tax and spending cuts reconciliation bill. S.2556 would also permanently extend the enhanced ACA premium tax credits.
Topics: Health Care
1 min read
HHS Releases Guidance on Expanded Eligibility for ACA Catastrophic Plans
By NAIFA on 9/15/25 11:05 AM
On September 4, the Department of Health and Human Services (HHS) issued new guidance on expanded eligibility for Affordable Care Act (ACA) catastrophic health insurance plans. The guidance provides that individuals who cannot get premium tax credits or cost-sharing reductions via a health insurance exchange can now qualify for hardship exemptions under the ACA that allow them to purchase catastrophic health insurance. The expanded eligibility takes effect November 1, according to HHS.
Topics: Health Care Affordable Care Act
1 min read
ACA Employer Mandate Penalties Increase
By NAIFA on 9/15/25 11:02 AM
In Rev.Proc. 2025-2026, the Internal Revenue Service (IRS) announced inflation adjustment increases in the Affordable Care Act employer mandate penalties. The penalties are based on whether an applicable large employer (ALE) fails to offer affordable health insurance to at least 95 percent of its full-time employees and at least one of those employees receives a premium tax credit to buy individual health insurance. An ALE is an employer with 50 or more full-time equivalent employees. Affordability is measured by employee contributions to the cost of their employer-provided health care—penalties attach if those contributions exceed maximum percentages of their compensation.
Topics: Health Care Affordable Care Act IRS
1 min read
Government Tells Court It Will Release Short-Term Health Insurance Rules in 2026
By NAIFA on 9/15/25 10:59 AM
Pursuant to a court request for information on timing, three government agencies said their intention is to release new regulations to extend the time permitted to short-term limited duration (STLD) health insurance. STLD health insurance—which currently can be in place for only four months—does not have to comply with most Affordable Care Act (ACA) requirements, including consumer protections and minimum essential benefits.
Topics: Retirement Planning 401(k) Investing
1 min read
Court Challenges to Rules Allowing Private Equity in 401(k) Plans Expected
By NAIFA on 9/15/25 10:51 AM
Attorneys representing plan participants say they will challenge new Department of Labor (DOL) rules that “facilitate” inclusion of private equity as investment options in 401(k) (and other) participant-directed retirement plans. They say that ERISA preempts agency guidance and the President’s executive order directing DOL to “facilitate” inclusion of “alternative investments” (including private equity) in employer-sponsored retirement plans.
1 min read
White-Collar OT Regs on Long-Term DOL Regulatory Agenda
By NAIFA on 9/15/25 9:57 AM
The Department of Labor’s (DOL’s) “long term action” regulatory agenda includes an update on white-collar overtime pay eligibility. The Spring 2025 regulatory agenda was released on September 4. This came after DOL pulled its spring agenda last month.
Topics: DOL
1 min read
CMS Implements New Security for Sign-in for ACA Enrollment Activity
By NAIFA on 9/15/25 9:54 AM
As of August 29, the Centers for Medicare and Medicaid Services (CMS) now requires agents and brokers to sign in anew to their Enhanced Direct Enrollment (EDE) accounts on the Enterprise Portal Federally Facilitated Marketplace (FFM) website after 30 minutes of inactivity. This is a new security requirement.
Topics: Health Care CMS
2 min read
President’s EO Directs DOL to Facilitate Inclusion of Alternate Investments in DC Retirement Plans
By NAIFA on 8/15/25 10:02 AM
On August 7, President Trump signed an Executive Order (EO) directing the Department of Labor (DOL), working with other agencies including the Securities and Exchange Commission (SEC) and Treasury, “to facilitate” inclusion of alternative investments in 401(k) plans.
Topics: Retirement Planning Investing Retirement Plans
2 min read
Congress Considers Tax-Free Employer-Provided Benefits for Independent Contractors
By NAIFA on 8/15/25 9:58 AM
Lawmakers in both the House and Senate are looking at legislation that would allow employers to provide tax-free benefits to their independent contractors. A House Committee approved legislation that would create a safe harbor that would insulate employers and workers from workers being characterized as employees due to the provision of these “portable” benefits. Separately, a Senate committee held a hearing on similar proposals.
Topics: Group & Employee Benefits Taxes Congress
1 min read
Senate HELP Committee Approves ESOP Bills
By NAIFA on 8/15/25 9:55 AM
On July 30, the Senate Health, Education, Labor and Pensions (HELP) Committee approved two largely administrative ESOP bills. However, the committee’s chairman, Sen. Bill Cassidy (R-LA), withdrew from consideration his larger ESOP bill that would substantially increase the amount of employer stock that can be contributed to ESOP participants’ accounts.
Topics: Retirement Planning Legislation & Regulations Federal Advocacy
1 min read
DOL/HHS/Treasury Announce New Position on STLD Health Insurance
By NAIFA on 8/15/25 9:52 AM
On August 7, the Departments of Labor (DOL), Health & Human Services (HHS) and the Treasury (the tri-agencies) announced the agencies’ intention to initiate a notice-and-comment rulemaking initiative to consider needed amendments to the regulations governing the definition of short-term limited duration (STLD) health insurance.
Topics: Health Care Limited Care Short-Term Insurance
2 min read
Extension of Enhanced ACA Premium Tax Credits Could Drive New Tax Package
By NAIFA on 8/15/25 9:49 AM
The enhanced Affordable Care Act (ACA) premium tax credits that were enacted during the COVID epidemic lock-down expire at the end of 2025. Efforts to extend them, and other expiring health insurance rules, could drive a new tax bill this fall.
Topics: Legislation & Regulations Affordable Care Act Tax Reform
2 min read
Bipartisan Senate Duo Float Social Security Investment Fund
By NAIFA on 8/15/25 9:46 AM
Sens. Bill Cassidy (R-LA) and Tim Kaine (D-VA) have floated a proposal to create a $1.5 trillion investment fund aimed at extending the solvency of Social Security. The five-year fund would grow until it holds enough money to keep Social Security from running out of money by the projected 2033 date, the Senators say.
Topics: Legislation & Regulations Social Security
2 min read
EBSA Releases New PEP Guidance
By NAIFA on 8/15/25 9:43 AM
On July 28, Acting Employee Benefits Security Administration (EBSA) head Janet Dhillon released new interpretive guidance (RIN 1210–AC10), along with a request for information (RFI) on how to lower pooled employer plan (PEP) fees and other administrative costs. The RFI focuses on “market practices associated with PEPs.”
Topics: Retirement Plans
1 min read
IRS Announces Inflation-Adjusted Affordability Standard for ACA Health Insurance
By NAIFA on 8/15/25 9:40 AM
The Internal Revenue Service (IRS) has announced the 2026 inflation adjustment for determining the affordability of employer-provided Affordable Care Act (ACA) health insurance. For 2026, the affordability standard will be 9.96 percent of a worker’s compensation. Failure to adhere to the affordability standard results in a “shared responsibility” penalty imposed on employers.
Topics: Health Care Affordable Care Act IRS
2 min read
Ways & Means Subcommittees Hold Hearing on Medicare Advantage; NAIFA Comments
By NAIFA on 8/15/25 9:37 AM
The House Ways & Means Committee’s Subcommittees on Health and Oversight held a hearing on July 22 to look into the Medicare Advantage (MA) program. NAIFA submitted comments on the issue.
Topics: Medicare Congress
1 min read
NCOIL Group Focuses on Long-Term Care
By NAIFA on 8/15/25 9:35 AM
The National Conference of Insurance Legislators (NCOIL), at their July 17-18 summer meeting, held a general session on “trends and innovations” in the long-term care insurance marketplace. The session emphasized the urgency for planning ahead for long-term care needs, and highlighted the need for both public and private solutions to the problem of financing the care of aging individuals who need help to remain in their own homes.