On July 3, 2026, the current administration released its 2026 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions (the Agenda), which lays out regulatory priorities for federal agencies, including the Department of Labor's Employee Benefits Security Administration (EBSA).

The Agenda's items and deadlines are not binding and priorities may shift, but it offers a preview of issues to monitor this year.

EBSA's 2026 Regulatory Plan

EBSA's plan focuses mainly on retirement plan compliance and fiduciary duties, but also includes several items affecting welfare benefit plans:

• Default electronic disclosures: A proposed rule aimed at making ERISA-required welfare plan disclosures easier and less costly to produce, while improving their clarity and accessibility for participants.
• Mental Health Parity and Addiction Equity Act (MHPAEA): A proposed rule intended to clarify parity obligations and reduce compliance burdens. A 2024 final rule with complex new requirements is currently not being enforced while agencies reconsider MHPAEA compliance standards.
• Fertility benefits: A rule creating a new limited excepted benefits category for employer-sponsored fertility benefits. A proposed rule was issued in May 2026, with a final rule expected in the coming months.
• Short-term, limited-duration insurance (STLDI): A proposed rule that would broaden the definition of STLDI to expand healthcare options for consumers.
• Association health plans: A proposed rule expanding the criteria under which an employer group or association can sponsor a single ERISA plan.
• Individual coverage health reimbursement arrangements (ICHRAs): A proposed rule providing additional guidance and flexibility for ICHRA regulations.
• Transparency: A proposed rule establishing a new advanced explanation of benefits transparency requirement. EBSA also expects to finalize a proposed rule from January 2026 requiring pharmacy benefit managers to disclose compensation to fiduciaries of self-insured group health plans.

Impact

The Agenda outlines future regulatory plans but does not change employers' current compliance obligations. Existing rules remain in effect until formally changed through rulemaking or other regulatory action.

^{While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.}