While recent regulatory developments—including the Departments’ nonenforcement policy, proposed legislation, and new transparency rules—offer employers and plan fiduciaries greater flexibility and potential relief, they also underscore the need for continued vigilance. From ensuring compliance with longstanding MHPAEA obligations to evaluating benefit design changes, managing PBM relationships, and addressing nondiscrimination concerns in self-funded plans, stakeholders must stay proactive and informed to navigate the evolving health and welfare benefits landscape effectively.While recent regulatory developments—including the Departments’ nonenforcement policy, proposed legislation, and new transparency rules—offer employers and plan fiduciaries greater flexibility and potential relief, they also underscore the need for continued vigilance. From ensuring compliance with longstanding MHPAEA obligations to evaluating benefit design changes, managing PBM relationships, and addressing nondiscrimination concerns in self-funded plans, stakeholders must stay proactive and informed to navigate the evolving health and welfare benefits landscape effectively.

On May 15, 2025, the New York General Assembly introduced the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act), which will strengthen New York’s consumer protection law to “protect New Yorkers from unfair, deceptive and abusive business practices.” With the federal government rolling back protections for consumers and small businesses, the FAIR Act authorizes the New York Attorney General and individual consumers to seek civil penalties and restitution against businesses. Trying to fill the enforcement void left by inactive federal regulators, the FAIR Act endeavors to align with Consumer Financial Protection Bureau (CFPB) guidance to states to strengthen their consumer protection regimes and strongly suggests that states and private litigants will become increasingly active in enforcing consumer protection laws.