Bolton's Bi-Weekly Health Plan Compliance Newsletter
DOJ ADA Web Accessibility Guidance: Key Compliance Considerations
The U.S. Department of Justice (DOJ) has reinforced that website accessibility is a compliance obligation under the Americans with Disabilities Act (ADA) for both state and local governments as well as businesses open to the public. While no single technical standard is mandated, the DOJ continues to assert that inaccessible websites may result in ADA violations if individuals with disabilities are denied equal access to online information, services, or programs. Website accessibility remains an active area of enforcement, with the DOJ pursuing actions against organizations whose digital content does not meet ADA requirements.
From a compliance perspective, organizations should take proactive steps to evaluate and remediate website accessibility risks. Organizations should assess their websites and online tools for common accessibility barriers, including insufficient color contrast, missing alternative text for images, lack of captions on videos, inaccessible online forms, and navigation that relies solely on a mouse. Regular reviews, documented remediation efforts, and coordination with website vendors can help demonstrate good‑faith compliance and reduce exposure to enforcement actions. For those clients who partner with Bolton for communications today, our team is in process of ensuring all materials meet ADA compliance requirements.
Maryland Caps Jardiance Costs for Government Health Plans
The Maryland Prescription Drug Affordability Board recently approved regulations to implement upper payment limits (UPLs) on certain high-cost drugs, moving forward specifically with a UPL for Jardiance effective January 1, 2027. While these actions signal meaningful cost-control efforts, the practical impact on employer-sponsored pharmacy benefit manager (PBM) contracts will be delayed: required contract updates tied to UPL implementation will only apply to agreements executed or amended on or after January 1, 2028. Existing agreements, such as current multi-year PBM contracts, can remain unchanged unless sponsors choose to adopt UPL provisions earlier.
From a strategic standpoint, these regulations are expected to influence future PBM negotiations by creating additional leverage to secure rebates and align drug pricing with state-established limits. Employers and plan sponsors should monitor how UPLs compare to current net drug costs and prepare for potential contract language updates, reporting requirements, and financial guarantee considerations beginning in 2028. Ongoing coordination with PBMs is essential to evaluate implementation timing and financial impact.
For more details, see the official PDAB meeting materials.
Form 5500 Filing Deadline Approaching: Compliance Reminder for Employers
Employers sponsoring ERISA‑covered employee benefit plans should be aware that the annual Form 5500 filing deadline is July 31, 2026, for calendar‑year plans covering the 2025 plan year. Form 5500 must be electronically filed with the U.S. Department of Labor unless a filing exemption applies. Employers needing additional time may request a one‑time 2½‑month extension—until October 15, 2026—by filing IRS Form 5558 no later than July 31.
To support compliance, employers should confirm filing obligations now, coordinate with service providers, and ensure all required schedules and attachments are prepared and submitted through the DOL’s EFAST2 system.
