Headlines about "Health plan costs - preventive care"

Gathered from the web by the editors at BenefitsLink.com.
Weekly Flu News, November 19
Excerpt: "The 2009 H1N1 influenza pandemic has not only resulted in a surge of patients throughout our healthcare system, but also a surge in media coverage of the disease. In continuing our commitment to keep you informed on key issues related to emergency preparedness and response, we are sending these weekly alerts which highlight recent news reports and publications related to H1N1. These articles highlight some of the issues you and your organization may be facing in the wake of the current influenza pandemic." (Troutman Sanders LLP)

A Family's Flu Suffering and an Employer Dilemma
Excerpt: "When a UPS employee and his wife came down with swine flu, they endured tragedy and an estimated $1 million in medical bills. Their story points out how exposed some workers can be to the illness and how little employers can do for them, beyond education and encouraging good hygiene." (Workforce Management; free registration required)

[Guidance Overview] Employer's Guide to Wellness Programs (PDF)
55 pages. Excerpt: "Wellness initiatives can implicate a variety of federaland state laws. The federal laws at the center of the wellness storm are the Health Insurance Portability and Accountability Act (HIPAA) -- specifically, its nondiscrimination rules -- and the Americans with Disabilities Act (ADA), particularly after its modification by the ADA Amendments Act of 2008. This Employer's Guide explores the compliancelandscape of wellness programs in considerable detail, and also adds some practical observations and anecdotal experience." (Lockton Benefits Group)

Insurance Companies Say Mammogram Coverage Won't Change
Excerpt: "Insurance companies contacted by USA TODAY say they will continue paying for annual mammograms amid widespread fears that new breast cancer screening guidelines from a federal task force could lead women to lose coverage for those tests. The guidelines ? suggesting that most women under 50 don't need routine mammograms and that women over 50 need them only every other year ? were issued Monday night by the U.S. Preventive Services Task Force." (USA TODAY)

[Opinion] ERIC Urges Agencies Not to Eviscerate Workplace Wellness Programs (PDF)
15 pages. Excerpt: "The ERISA Industry Committee (ERIC), the Washington, D.C.-based trade association representing America's major employers, today submitted comments in response to a request for comments on the interim final rules implementing provisions of Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA) that prohibit group health plans from discriminating on the basis of genetic information. The request was published by the Departments of Labor, Health and Human Services, and Treasury in the Federal Register on October 7, 2009." (The ERISA Industry Committee)

Employers Urged to Warn Regulators About GINA Rules' Negative Impact on Wellness Programs
Excerpt: "Genetic Information Nondiscrimination Act (GINA) rules should not force employers to drop family medical history questions from health risk assessments (HRAs) or alter related incentives, according to leading employer groups. The ERISA Industry Committee and American Benefits Council are urging employers to write regulators in November about what role family medical history plays in HRAs; why incentives are key to wellness, disease management and other programs; and how the GINA rules could impede use of such programs and negatively affect efforts to improve health and control costs." (Mercer LLC)

Hearing on Employers and the Public: H1N1 and Sick Leave Policies
Excerpt: "The House Education and Labor Committee will hold a hearing Tuesday, November 17 on how employer paid sick leave policies can help slow the spread of contagious diseases, like the H1N1 flu virus." (U.S. House Committee on Education & Labor)

New U.S. Guidelines Would Have Routine Mammograms Start at Age 50
Excerpt: "Sweeping new U.S. breast cancer guidelines released on Monday recommend against routine mammograms for women in their 40s, and suggest women 50 to 74 only get a mammogram every other year. The new guidelines by the U.S. Preventive Services Task Force, an influential panel of independent experts, would sharply curtail the number of breast mammograms done in the United States, sparing women the worry of false alarms and the cost and trouble of extra tests. But U.S. cancer experts say the altered schedule may mean more women will die from breast cancer. The guidelines, published in the Annals of Internal Medicine, are based largely on computer projections from six independent research groups in the United States and Europe." (Reuters via The New York Times; free registration required)

Wellness Programs Survive Economic Crisis
Excerpt: "Keeping workers healthy, happy and at work through so-called wellness programs remains a priority for many companies despite financial pressures from the global economic downturn, a survey found on Monday. Globally, most employers offer at least one program -- ranging from a flu shot to gym discounts -- to ward off health risks such as poor nutrition, obesity, inactivity and stress, said the poll by human resources firm Buck Consultants." (Reuters via moneynews.com)

Congressional Members Propose Emergency H1N1 Sick Days Bill
Excerpt: "Two leading members of Congress on the issue of employee leave will team up to write a bill that would provide paid time off for workers who contract the H1N1 flu. Sen. Christopher Dodd, D-Connecticut and chair of the Senate health subcommittee on children and families, announced at a hearing Tuesday, November 10, that he and Rep. Rosa DeLauro, D-Connecticut, intend to formally introduce the legislation in coming weeks. He and DeLauro portrayed paid sick leave as the best way for workers to follow government directives to stay home if they fall ill." (Workforce Management; free registration required)

[Guidance Overview] Recorded Webinar on the Flu Season and H1N1: Preparing the Workplace
Excerpt: "Questions addressed . . . include: What OSHA obligations must be met by employers? What training do you need to provide to your employees? What benefit programs will apply? Can you make vaccinations mandatory -- and if so, should you do so? What other legal obligations come into play when an employee has the flu? What do you do if your employees are well, but need to stay home with children if schools and childcare facilities are closed? Should you have any policy regarding screening employees before allowing them into the workplace?" (Nixon Peabody LLP)

Lawmakers Call for Emergency Sick-Leave Requirement
Excerpt: "Sen. Christopher J. Dodd wants businesses to offer 7 paid sick days a year, so workers with the flu can stay home. Critics say the H1N1 flu pandemic is being exploited to push flawed legislation." (Los Angeles Times)

H1N1 'Swine' Flu: Employer FAQs (PDF)
4 pages. Excerpt: "With the onslaught of the Swine Flu, employers are struggling to know what the respective rights of employer and employee are with respect to the first true pandemic in recent history. Although swine flu is not new,this particular strain -- H1N1 -- is particularly virulent due to its highlycontagious nature and its global reach. This document is not intended to be a medical analysis of this flu or to render opinion as to the health care basis of the pandemic or its treatment. Rather, it seeks to provide a handy guide to the employer as to the nature of employee rights and appropriate employer protocol during this difficult time." (Baker & McKenzie LLP)

IBM to Pay for Workers' Primary Care
Excerpt: "At a time when many employers are asking employees to shoulder a greater share of the health care cost burden, IBM Corp. is taking the opposite approach: It will pay 100% of the cost of primary care for its employees beginning in 2010. Long considered one of the more innovative employers when it comes to its health care benefit programs, IBM's latest initiative is part of the company's ongoing advocacy of wellness among its employees, according to Marianne Defazio, director of health benefits design and strategy. The Armonk, N.Y.-based technology firm introduced cash rebates in 2004 for participation in wellness activities and has been covering preventive care at 100% since 2006, she said." (Business Insurance)

Behavioral Economics Plays a Big Role in the Success of Wellness Programs
Excerpt: "'People are constantly making trade-offs between immediate gratification and delayed benefits,' says Kevin Volpp, Associate Professor of Medicine and Health Care Management at the University of Pennsylvania's Wharton School. Employers could get better results in their wellness programs if they focused more on the immediate gratification, say Volpp and a team of academics currently researching the role of behavioral economics in these programs. Volpp and Wharton School Professor of Health Care Management Mark Pauly call this approach 'P4P4P': pay for performance for patients. Too often, they say, employers' wellness programs have had major incentive-related design flaws that hampered results. 'I am here to say, T-shirts do not work,' Pauly says. Rather, people's psychological motivations should become a key part of wellness-program design . . . ." (PLANSPONSOR.com; free registration required)

Insurance Discounts for Healthy Habits Spur Debate in Washington
Excerpt: "Safeway says it's a smart incentive: charging lower premiums for people who lose weight, quit smoking or start exercising. Some medical groups say it's a new way to exclude pre-existing conditions." (Los Angeles Times)

These 5 Healthcare Culprits Cost $1 Trillion
Excerpt: "CNNMoney.com spoke to health care experts about hidden health culprits that are adding billions of dollars to our medical bills. We love salt. . . . We love sugar. . . . Dangers of alcohol. . . . Smoking. . . . Pollution." (CNNMoney.com)

[Guidance Overview] Employer Health Risk Assessments & Wellness Programs -- Still Viable?
Excerpt: "The last few months have seen significant inroads into the ability of employers to provide incentives for employees to complete health risk assessments. The recent GINA regulations make clear that rewards (e.g., financial incentives, benefit eligibility) cannot be given for providing 'genetic information' (e.g., family medical history). And EEOC informal discussion letters advise that health risk assessments cannot be a precondition to participation in the employer's group health plans." (Deloitte)

Childhood Obesity Weighs on Benefit Budgets
Excerpt: "Childhood obesity weighs heavily on the financial scales when it leads to increased health care utilization and higher costs for employers. Further, poor child health will decrease employee productivity as working parents often must leave early or be absent to care for their child." (BenefitNews.com)

[Guidance Overview] Health Risk Assessments Face Bias Hurdle
Excerpt: "Under IRS rules associated with the Genetic Information Nondiscrimination Act, employers are prohibited from collecting genetic information -- defined as family medical history -- in health risk assessments if that information will be used for 'underwriting' purposes. That includes offering employees discounts on their monthly premium contributions or lowering deductibles for completing a health risk assessment." (Workforce Management)

[Guidance Overview] Warning to Employers: If Your Health Risk Assessment Violates GINA, You May Have to Tell the IRS (and Pay Excise Taxes)
Excerpt: "[T]he new self-reporting requirement is particularly problematic at this time with respect to the recently issued guidance under GINA because a failure to comply with the new GINA regulations will cause the employer to have to self-report the violation and pay the excise tax. There is already an open question of whether a group health plan that collected genetic information (e.g., family histories) in a health risk assessment prior to the GINA rules becoming effective is violating GINA by providing a reward in 2010. The conservative answer is that providing a reward is a violation, although we are hopeful for transition guidance that says otherwise. Now, however, the transition issue is made more difficult by the self-reporting requirement. If providing a reward in 2010 is a violation of GINA, and if a group health plan provides the reward, the employer will have to self-report the violation and pay the excise tax. In addition, if it is determined that the employer knew of the new regulations and intentionally violated the regulations by providing a reward, the amount of the tax could be unlimited." (Jones Day)

Corporate Wellness Programs: Healthier Employees, Lower Costs
Excerpt: "Studies have shown the [Johnson & Johnson] program - called 'Live for Life' - has resulted in significant improvements in employee health as well as a reduction in company health care costs. Recently, Johnson & Johnson also launched a project to market corporate wellness administration to other companies. Dr. Fikry Isaac, executive director of global health services at Johnson & Johnson, runs the company's wellness program. He spoke recently with KHN's Jenny Gold about Johnson & Johnson's program and how corporate wellness could be incorporated into the current effort to overhaul the nation's health system. We edited the interview." (Kaiser Family Foundation)

Are You Missing Out on 'Wellness' Freebies at Work?
Excerpt: "A job with the Cleveland Clinic comes with some pretty nice perks. Among other things, employees of the Ohio-based medical and research center get to use fitness centers on the clinic's campuses for free, and can take Weight Watchers and yoga classes at no cost. The reward for hitting the gym 10 times a month for 10 months? $100. Ditto for those who lose 10% of their weight." (The Wall Street Journal)

[Guidance Overview] Employer Planning for a Pandemic: The EEOC's Guidance
Excerpt: "Employers must pay careful attention to the legal implications of their actions in implementing flu prevention and containment measures. Recently, the United States Equal Employment Opportunity Commission (EEOC) published guidance for employers on how to handle pandemic influenza without implicating the Americans with Disabilities Act (ADA), which prohibits disability-based discrimination ('EEOC Guidance'). The EEOC also issued a notice reminding employers to avoid national origin discrimination in dealing with H1N1. In addition to the discrimination laws, employers' actions, or inactions, may implicate other laws such as the Occupational Safety and Health Act (OSHA); the Family and Medical Leave Act (FMLA); privacy laws; workers' compensation, and disability benefits laws." (Littler Mendelson P.C.)

[Guidance Overview] GINA Interim Final Regulations: Impact on Health Risk Assessments
Excerpt: "New rules under the Genetic Information and Non-discrimination Act (GINA) restrict group health plans from offering premium reductions or other economic awards for participating in a health risk assessment (HRA) that asks for genetic information. Employers will need to update their plans to ensure that their HRAs and any associated policies and procedures comply with GINA's prohibition on using genetic information prior to or in connection with enrollment or for underwriting purposes for plan years beginning on or after December 7, 2009." (Sonnenschein Nath & Rosenthal LLP)

[Guidance Overview] EEOC Guidance on Pandemic Preparedness and ADA Compliance (PDF)
4 pages. Excerpt: "The Equal Employment Opportunity Commission (EEOC) recently issued an updated Technical Assistance Document (TAD) to provide employers guidance in balancing their pandemic preparedness plans with their obligations under the Americans with Disabilities Act (ADA). The TAD, entitled Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, provides useful information regarding ADA-compliant employer actions prior to, during and following an influenza pandemic." (Drinker Biddle Reath LLP)

New Study Finds Highest Rate of Smokers Are in Food-Service Industry: What Does That for Mean for Employers?
Excerpt: "A new study by the U.S. Substance Abuse and Mental Health Services Administration reveals that 33.6 million full-time employees ages 18 to 64 -- or 28 percent of workers -- reported they smoked cigarettes in the past month, based on survey data from 2006 to 2008. . . . 'The workplace is an ideal location for programs to educate employees about the risks of smoking and programs to promote smoking cessation to reduce risks of illnesses such as heart disease and cancer,' said the acting administrator at SAMHSA, Eric Broderick, in announcing the findings. 'The study provides important insight and updated information that can be used to assist in the developing or refining of smoking-cessation efforts to specific workplace groups,' he said." (Human Resource Executive Online)

Childhood Obesity: It's Everyone's Business
Excerpt: "[E]mployers cannot afford to ignore the epidemic of childhood obesity and overweight. Today, nearly one third of children are overweight or obese. Two thirds of children and teens do not meet daily exercise guidelines, and 10% do not participate in any physical activity at all. Additionally, 80% fail to meet daily fruit and vegetable consumption guidelines. Why should this matter to employers? An obese teenager has a 70% chance of becoming an obese adult. And with obesity-associated health care costs for employers currently running to at least $45 billion annually, the price tag of this childhood epidemic could become unaffordable if changes are not made. This toolkit, Childhood Obesity: It's Everyone's Business, was prepared in response to these trends . . . ." (National Business Group on Health)

Employers Need to Be Prepared for Influenza Season (PDF)
4 pages. This newsletter outlines policies and issues that require the immediate attention of employers. (Buck Consultants)

[Guidance Overview] Health Risk Assessments Face Bias Hurdle
Excerpt: "Under IRS rules associated with the Genetic Information Nondiscrimination Act, employers are prohibited from collecting genetic information -- defined as family medical history -- in health risk assessments if that information will be used for 'underwriting' purposes. That includes offering employees discounts on their monthly premium contributions or lowering deductibles for completing a health risk assessment." (Workforce Management; free registration required)

EEOC Rejects Second Wellness Questionnaire
Excerpt: "Requiring employees to complete a lengthy wellness questionnaire in order to receive funds from a health reimbursement arrangement would violate the Americans With Disabilities Act (ADA) because many of the 100-plus questions are 'disability-related inquiries,' according to a recent opinion letter from the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC's 'informal discussion letter,' posted Oct. 6, is the second this year to reject a health risk assessment as an impermissible inquiry. In addition to prohibiting disability-based discrimination, the ADA restricts employers' use of 'disability-related inquiries and medical examinations.' For current (as opposed to entering) employees, such inquiries -- which include 'questions likely to elicit information about a disability' -- must be 'job-related and consistent with business necessity.' These rules apply to all employees, whether or not they have an ADA-recognized disability." (Thompson Publishing Group, Inc.)

[Guidance Overview] Frequently Asked Employment Law Questions This Flu Season
Excerpt: "In anticipation of higher-than-average absenteeism due to seasonal and H1N1 flu outbreaks, employers should implement specific best practices that protect employees, minimize business disruptions and avoid employment claims. . . . This article offers in depth responses to frequently asked questions, provides resources for more information, and suggests best practices for protecting the health and safety of employees, minimizing disruption to business activities and avoiding employment claims when the flu hits the workplace." (McDermott Will & Emery)

Federal Agencies Challenge Employees to Lead a Healthier Lifestyle
Excerpt: "The president met with industry leaders in May to discuss strategies for improving employee health, and he directed the Office of Personnel Management to develop wellness best practices and a plan for the federal workforce. In response, OPM this summer announced its work-life campus initiative, a joint effort with the Federal Reserve Board, General Services Administration and Interior Department. The four agencies, located within blocks of one another, will develop and share facilities, possibly including green space and a healthy cafeteria." (GovernmentExecutive.com)

Ruling Could Spur Hiring Bias Against Obese Workers
Excerpt: "An Indiana state court's ruling that would require a small business to pay for weight-loss surgery could make employers more cautious when hiring obese people, employment attorneys say." (Workforce Management; free registration required)

Employee Well-Being:Taking Engagement and Performance to the Next Level in the Current Economic Environment (PDF)
Excerpt: "What do we mean by well-being? Towers Perrin defines it as encompassing three interconnected aspects of an individual's 'work life': Physical health -- overall health, energy/stamina; Psychological health -- stress/anxiety, intrinsic satisfaction, accomplishment, optimism, confidence, control, empowerment, safety; Social 'health' -- work relationships, balance in work and personal life, equity, fairness, respect, social connectedness." (Towers Perrin)

Preventing Cold and Flu Outbreaks in the Workplace
Excerpt: "We all know that washing our hands and getting a flu shot are the best defenses in preventing colds and flu. But in all honesty, people need to be reminded, so you need to communicate. So, communication becomes a top priority in defending the company from the cold and flu season. And you know what they say: the best defense is a good offence." (Precept Employee Benefits Blog)

Bridge Employment and Retirees' Health: A Longitudinal Investigation (PDF)
16 pages. Excerpt: "The present study examined the relationship between bridge employment and retirees' health outcomes (i.e., major diseases, functional limitations, and mental health). We used a nationallyrepresentative sample of 12,189 retirees from the first 4 waves of the Health and Retirement Study. Hierarchical regression analyses showed that compared with full retirement, engaging in bridge employment either in a career field or in a different field was associated with fewer majordiseases and functional limitations, whereas engaging in career bridge employment was associated with better mental health. The findings highlight the health benefits of engaging in bridge employment for retirees. The practical implications of this study are discussed at both the individual and policy levels. Limitations of the current findings are also noted in conjunction with future research directions." (American Psychological Association)

[Guidance Overview] Update on the Legal and Workplace Implications of H1N1
Excerpt: "Because experts predict that the virus will likely become more widespread as the current flu season progresses, it is even more important that employers consider the nature and scope of H1N1, identify potential legal liabilities, develop action and communications plans, and identify and address related labor and employee relations issues." (Seyfarth Shaw LLP)

Some Firms Get Tougher on Workers' Health Habits with High-Risk Employees Forced to Pay More for Health Insurance
Excerpt: "While smoking surcharges remain the most popular added premium assessment used, the size has grown significantly from a nominal fee when such surcharges were introduced several years ago to what many consider 'real money,' especially during a recession. A few intrepid employers have gone a step further, relegating employees who decline to take better care of themselves to health plans that provide less coverage. Some benefits law experts are concerned these employers may be pushing the envelope a bit too far, but legislation passed last week by the Senate Finance Committee appears to reinforce employers' aggressive efforts to rein in health care costs through the use of incentives . . . ." (Business Insurance)

Arizona County Orders Flu-Ridden Employees Home, or Else
Excerpt: "Officials of an Arizona county have opted to take their concerns about spread of the swine or regular flu among their employees a step farther with this stern message: stay home if you are sick or risk being fired. An Associated Press news account said supervisors in Pima County, in which Tucson is located, unanimously adopted the policy for their nearly 7,000 employees. Under the rule, sick workers must inform their supervisor who is given the authority to send the person home. The mandate indicates that employees with a temperature of at least 100.4 degrees or who exhibit flu symptoms must remain home for at least 24 hours or until after the fever subsides. Anyone not complying with the instructions to leave work can be discharged or otherwise disciplined under the new rule, which the news account said will likely be lifted next spring." (PLANSPONSOR.com; free registration required)

[Guidance Overview] Requirement that Employees Complete Health Risk Assessments in Order to Receive HRA Reimbursements Violates the ADA
Excerpt: "The broadened scope of the definition of 'disability' under recent amendments to the ADA . . . may cause more inquiries in health risk assessments to be viewed as disability-related and thus subject to scrutiny under the ADA. Formal guidance from the EEOC on the ADA's application to wellness programs is sorely needed. It also bears repeating that in addition to the ADA, wellness programs must also meet applicable HIPAA requirements and comply with GINA." (Employee Benefits Institute of America)

[Guidance Overview] Summary of and Suggested Action Steps to Address the GINA Interim Final Regulations
10 pages. Excerpt: "Employers whose plans include wellness, health risk assessments and/or disease management will be most affected by the new rules. Detailed action steps will depend on the specifics of the employer's health care program, but some general action steps will apply to many group health plans: . . ." (Gallagher Benefit Services)

[Guidance Overview] GINA Impacts Employer Health Plans and Use of HRAs (PDF)
Excerpt: "While consideration may be given to eliminating requests for genetic information from any HRAs entirely, employers may alternatively consider bifurcating the HRA so as to eliminate requests for genetic information where premium rewards or rebates are offered, while offering a separate voluntary HRA that would request genetic information (without any rewards, and after open enrollment). While we understand that any design changes at this time of year may be disruptive to employers' health plan administration as well as the open enrollment process, these changes may nonetheless be necessary when such a significant regulation impacting wellness programs is issued so late in the year." (Aon Consulting)

[Guidance Overview] Regulations on Genetic Information Nondiscrimination Affect Use of Health Risk Assessments, Other Programs (PDF)
Excerpt: "Interim final regulations have the weight of final regulations but are subject to future modification. Unfortunately for plan sponsors, the interim regulations leave little time for coming into compliance." (Buck Consultants)

[Guidance Overview] Does Your Wellness Program Need to Revise Its Health Risk Assessment?
Excerpt: "The new rules clarify that your health risk assessment can still seek genetic information if no reward is provided, completing the HRA is voluntary, and the HRA is not completed until after a new participant is covered under your health plan. But if your plan offers a reward, then the HRA may not directly or indirectly seek genetic information (although you could put questions seeking genetic information into a separate, voluntary HRA for which there is no reward.)" (Warner Norcross & Judd LLP)

[Opinion] Fight Obesity by Taxing Calories
Excerpt: "President Obama set the soft-drink industry fizzing recently when he mentioned the possibility of a 'soda tax' on sweetened beverages as a way of combating America's obesity crisis. 'I actually think it's an idea that we should be exploring,' he told Men's Health magazine. 'There's no doubt that our kids drink way too much soda.' The notion of a soda tax got a lot of people riled up, and in the hullabaloo, the White House downplayed the prospect of any possible legislation. But it might have died too quickly." (USA TODAY)

Employers' Wellness Rewards Now Come with Risks
Excerpt: "Employers seeking to promote wellness in the workplace may have to rethink their rewards programs - or run the risk of breaking new federal rules protecting individuals' genetic information. The recently issued guidelines prohibit health plans and employers from offering any financial rewards to any worker for participating in a health risk assessment that requests information about their family medical history. The rules apply to group health insurance with plan years beginning on or after Dec. 7." (The Wall Street Journal)

H1N1 Flu: Practical and Legal Considerations (PDF)
10 pages. Excerpt: "Editor's Note: Our interview with Eric Hobbs reflects his best advice given what we know at this time, and, thus, as the situation changes, so could some of the counsel offered in this article. Mr. Hobbs' legal practice and experience focuses on Wisconsin and Illinois law; readers are urged to contact their own legal counsel regarding issues that are defined and determined by their respective state laws." (Workforce Communications via Michael Best & Friedrich LLP)

[Guidance Overview] GINA Interim Final Regulations: Wellness and Disease Management Programs Impacted
Excerpt: "Title I of GINA, as interpreted by the interim final regulations, prohibits plans from ? Increasing group premiums or contributions based on genetic information; Requesting or requiring an individual or family member to undergo a genetic test (other than for certain limited exceptions, including a plan's right to condition payment for a medical service on medical appropriateness which may in turn depend on the genetic information of the individual); and Requesting, requiring or purchasing genetic information prior to or in connection with enrollment, or at any time for underwriting purposes. It is also important to note that unlike the other provisions of the HIPAA portability and nondiscrimination rules, GINA does apply to group health plans with fewer than two participants who are current employees. In other words, GINA does apply to a separate retiree medical plan." (Kilpatrick Stockton LLP)

Guidance on Health Insurance Coverage of Swine Flu Vaccinations
Excerpt: "The Employee Benefit Research Institute issued a Q&A fact sheet that highlights information some employers may find helpful about health insurance coverage for H1N1 and seasonal flu shots. On Monday, the Centers for Disease Control and Prevention launched a national campaign to immunize at least half the U.S. population against the new H1N1 virus." (Employee Benefit Adviser; free registration required)

North Carolina to Target Smokers and the Obese with Higher Health Plan Costs
Excerpt: "North Carolina is set to become the second state to charge obese workers more for health insurance, the Charlotte Observer reports. Smokers will face higher costs also, as North Carolina state employees who use tobacco are slated to pay more for health insurance next year. Tobacco users get placed in a more expensive insurance plan starting next July and, for those who qualify as obese, in July 2011, according to the news report. North Carolina officials say they are aiming to improve state workers' health, which saves money in future medical expenses." (PLANSPONSOR.com; free registration required)

Employer Wellness Programs Get Boosted and Blindsided in the Same Week
Excerpt: "Carper/Ensign Amendment # C2 is a provision added to America's Healthy Futures Act, the Senate Finance Committee health reform bill that is scheduled for a vote . . . . The provision would increase wellness program rewards from 20% to 30% of the cost of employee-only coverage under the plan, and it would allow the Secretaries of Health and Human Services, Department of Labor, and Department of the Treasury the discretion to increase the reward up to 50% of employee cost. . . . [And then there is] GINA, the Genetic Information Nondiscrimination Act, for which regulations were issued on October 7. According to these regulations, wellness programs that provide rewards for completing Health risk assessments that request genetic information, including family medical history, violate GINA. This is true even if rewards are not based on the outcome of the assessment, a plan design that is allowed under the 2006 final HIPAA nondiscrimination rules regarding wellness programs." (Wolters Kluwer)

Microsoft Launches Swine Flu Assessment/Response Site
Excerpt: "Microsoft Oct. 7 announced a new Website, the H1N1 Response Center, which provides users with relevant content and allows consumers to gauge symptoms and receive guidance using an H1N1 self-assessment service. The site offers consumers a self-assessment licensed from medical and public health experts at Emory University. The service assists people in deciding whether their symptoms could be caused by the H1N1 flu virus and provides guidance on what they can do next." (eWEEK.com)

[Guidance Overview] Do Your Health and Wellness Plans Violate GINA? (PDF)
4 pages. (Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)

CDC's LEAN Works! A Workplace Obesity Prevention Program
Excerpt: "'CDC's LEAN Works! Leading Employees to Activity and Nutrition' is a FREE web-based resource that offers interactive tools and evidence-based resources to design effective worksite obesity prevention and control programs, including an obesity cost calculator to estimate how much obesity is costing your company and how much savings your company could reap with different workplace interventions." (U.S. Centers for Disease Control and Prevention)

[Guidance Overview] New GINA Regs Curtail Health Risk Assessments
Excerpt: "The regulations impose significant limitations on the use of health risk assessments (HRAs) making many current practices illegal. Congress enacted GINA in response to a concern that employers, insurers, and benefit plans might collect and misuse genetic information. Genetic information is broadly defined to include family medical histories. Because virtually all HRAs request information about an individual's family medical history and are frequently used as part of a wellness feature in an employer's medical plan, most HRAs are subject to GINA's rules." (Nixon Peabody LLP)

Patient Advocates Fear Bias In Wellness Incentives
Excerpt: "On Capitol Hill, lawmakers seem eager to encourage employers to create and expand programs that tie a portion of workers' health insurance premiums to their willingness to change unhealthy behaviors. But there's growing concern that some of those programs represent a new way to discriminate against those in less than perfect health. By a vote of 18-4, the Senate Finance Committee added to its health overhaul bill an amendment offered by Sens. John Ensign (R-NV) and Tom Carper (D-DE) that would expand existing rules that let workplace 'wellness' programs pay bonuses in the way of reduced premiums to workers to lose weight, quit smoking, control their blood pressure or practice other healthy behaviors." (Morning Edition via National Public Radio)

Economic Crisis Exacerbates Nation's Obesity Epidemic
Excerpt: "In the midst of the most vigorous national health care debate in 15 years, more questions have developed about a link between our work life and our weight. Two-thirds of the workforce is overweight. The economic crisis has exacerbated the obesity epidemic: Workers are putting in longer hours, afraid of losing their jobs. With less time to exercise, more than a third of employees report that work drains them of energy, leaving nothing for their personal lives." (The Tribune-Review Publishing Co.)

Policies for Fighting Obesity: What Happens When City Governments Step In?
The three articles are titled: Zoning For Health? The Year-Old Ban On New Fast-Food Restaurants In South LA; New York City's Fight Over Calorie Labeling; Calorie Labeling And Food Choices: A First Look At The Effects On Low-Income People In New York City. (Health Affairs)

Workplace Wellness Seems to Really Work
Excerpt: "Workplace wellness programs are an effective way to reduce major risk factors for heart disease, such as smoking, obesity, high blood pressure and diabetes, says a new American Heart Association policy statement." (US News And World Report)


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