SIMERPU RESEARCH · SOURCE RECAP

What Goes Around: IRS Audits of Fixed Indemnity Health/Wellness Benefit Plans that Offer Purported Tax Savings

SIMERPU recap and commentary: Mardy Gould

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Quick recap

Reports that the IRS has begun auditing certain fixed-indemnity health/wellness arrangements. Describes premium-return designs, disputed tax exclusions and potential employer assessments.

SIMERPU’s viewpoint

The reported audit activity adds an operational dimension to the debate. SIMERPU’s view is that a program should be able to produce a coherent record of elections, funding, benefits and payroll treatment after implementation. The article does not establish the outcome of every audit or the treatment of every model.

What this source contributes

The reported audits make record retention, implementation and responsibility visible parts of an employer’s evaluation.

What remains unanswered

The report does not establish the outcome or scope of every audit, or whether a different employer’s arrangement has been examined.

Mardy Gould’s take

I would want the operating plan to explain what happens when records are requested. Who collects the elections, payment records and plan documents? Who communicates with the employer’s advisers? Those responsibilities should be clear while the program is running, so the employer is not reconstructing its own arrangement later.

Questions I would bring to the conversation

1. Which arrangements does the report actually describe?

2. Who retains elections, payments and supporting records?

3. What assistance is contractually available if an inquiry arrives?

Mardy Gould · Co-Founder, SIMERPU →

What would change our assessment?

Documented audit outcomes or additional facts about the examined arrangements could refine the implications. An audit report alone is not a universal outcome.

Read the original source

The original author and publisher are credited below. Continue to their article, document or source page for the complete context.

Original Author: Steven P. Johnson and Anna M. Pomykala

Publisher: Morgan Lewis / ML BeneBits

Original Publication Date: 2026-09-29

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About this source

Original Updated Date: Not stated

Source Type: Law firm analysis

Model Discussed: Fixed Indemnity Health/Wellness Benefit Plans

Position: Critical

Period: Recent — 2023–2026

Retrieved: October 31, 2026

Research and date notes

No additional retrieval note.

Each record identifies the material retrieved. SIMERPU’s viewpoint and Mardy Gould’s take are editorial commentary; the source-position label describes the original source’s stance. Read the original and its qualifications when evaluating a particular arrangement.