Weekly Health Compliance Briefing

August 19, 2026

Note to Subscribers

 

Due to a restructuring in our digital marketing group, your Weekly Health Compliance Briefing (HCB) may be delayed a day. If you don’t receive your HCB email push on Wednesday in any given week, please look to receive it on Thursday instead. Sorry for any inconvenience this may cause.

Aon Publications

 

Guidance Issued on Nondiscrimination Testing for DCAPs
On August 11, 2026, the Department of the Treasury and the Internal Revenue Service issued proposed regulations providing guidance to employers that choose to make contributions to Trump Accounts for employees or their dependents, as well as guidance related to nondiscrimination rules for Dependent Care Assistance Programs (DCAPs) (sometimes referred to as dependent care flexible spending accounts or DCFSAs).

Of note, the proposed regulations clarify nondiscrimination testing (NDT) requirements for employers offering Trump Account contribution programs and for those employers offering DCAPs. The clarifications to the DCAP NDT rules will likely result in employers passing NDT at a greater rate than in the past. While these regulations are proposed, employers may implement them for testing for the 2026 plan year. 

The Aon bulletin is available here.

Reminder: The Impact of the Inflation Reduction Act on Creditable Coverage Notices
The Inflation Reduction Act of 2022 continues to make improvements to Medicare Part D. As a result, employers should take a careful look at their employer-sponsored prescription drug plans to determine whether the plan remains “creditable” or not. 

The Aon bulletin is available here.