Headlines about "Health plan costs - preventive care"
Gathered from the web by the editors at BenefitsLink.com.
Using Wellness Programs to Create Employee Engagement (PDF)
4 pages. Excerpt: "Historically, employers' commitment to Wellness Programs has been dependent on establishing a meaningful and verifiable ROI that is sustainable over the long run. We posit that although making better lifestyle choices will improve health and lead to more productive employees that an alternate perspective is useful as well." (Thomson Reuters via Hay Group)
One Way to Lower Health Costs: Pay People to Be Healthy
Excerpt: "'We know that people in the short term have a lot of trouble changing their behavior in ways that is in their long-term best interest,' says Kevin Volpp, Wharton professor of medicine and health care management, and a professor at the University of Pennsylvania School of Medicine. 'People aren't very good at making these tradeoffs between immediate gratification and delayed and often intangible benefits, such as good health 10 years from now.' Volpp -- with collaborators . . . -- may have found an answer to this problem: cash." (Wharton School of the University of Pennsylvania)
Recent Health Care Contracts Show How Performance Guarantees Have Evolved
Excerpt: "Employers have long bemoaned the fact that they pay more each year for health care services regardless of whether those services improve the health of employees. [Aligning] incentives represents the evolution of performance guarantees in health care contracts. Pioneered by employers, these contracts are helping to refocus the culture of health care so that instead of paying for a service, employers pay to improve a person's health. While overall costs may not go down, these kinds of guarantees mean employers will be spending their health care dollars more effectively. Rather than paying for health care services, employers will be paying vendors only if they can show they've improved the health of employees." (Workforce Management; free registration required)
[Opinion] Myth: Preventive Care Saves Money
Excerpt: "As our country continues to move toward consolidation of major insurance companies, over time there may be only a handful of health insurance companies in the United States covering virtually all people who have employer-based coverage. No matter who the employer is, the insurers would clearly see that it would be to everyone's benefit to cover prevention since they, as well as the patients and employers, will all eventually benefit in terms of staying healthier and having decreased absenteeism. So, prevention does save money for the employer as long as the employee is working because that particular worker, as well as all workers, stays healthier and is more productive. In a study that reviewed 73 worksite health promotion programs over four years, the benefit of prevention was clear: For every dollar spent on keeping employees healthy, $3.50 was saved in reduced absenteeism and health care costs." (Governing.com)
What Businesses Can Do About Swine Flu
Excerpt: "'We've done extensive research on disaster planning for businesses,' says John Thomas, a risk-management specialist at Stearns Financial Services Group in Greensboro, North Carolina. 'And we believe owners may have six months or less to prepare for a possible 'second wave' of swine flu infections, which could be more deadly than this first.' The smart move, then, is to get in front of the tide. You want to be ready in case the outbreak turns even more serious or a different kind of pandemic surfaces that is much worse." (Microsoft)
National Business Group on Health Recognizes 'Corporatewide Culture of Health'
Excerpt: "The National Business Group on Health (NBGH) has recognized 63 large employers - representing the full spectrum of the U.S. economy - as '2009 Best Employers for Healthy Lifestyles' award winners for their exceptional commitment to a healthy workplace and for helping their employees and families make better choices about their own health and well-being." (PLANSPONSOR.com; free registration required)
Employers Add Financial Components to Wellness Programs
Excerpt: "Wellness programs and financial education aren't new to the workplace. But just over the past couple of years, a growing number of companies have been marrying these two concepts, experts say. 'There has been a push to focus on personal health and wealth as a way of managing your personal overall well-being,' says Steve Cyboran, vice president and consulting actuary at Sibson Consulting, a division of the Segal Co. 'Certainly I think this is exacerbated by the current economic situation.' Bringing the concept of financial health into a wellness campaign can help employers reduce health care costs -- which is often one of the primary goals of these initiatives, consultants say." (Workforce Management; free registration required)
[Guidance Overview] Informal Guidance on Health Risk Assessments and the ADA
Excerpt: "The Equal Employment Opportunity Commission (EEOC) has released an opinion letter saying an employer's health risk assessment program violates the Americans with Disabilities Act (ADA). While many employers have moved forward with health risk assessments and other mandated wellness arrangements, the EEOC's letter is a reminder of the importance of considering ADA implications before instituting a wellness program. In the opinion letter's initial release, the EEOC identified an appropriate financial incentive for purposes of ADA compliance, but a later version omitted that information. Apparently, the EEOC is still mulling over that issue." (Watson Wyatt Worldwide)
[Opinion] The Myth of Prevention in Health Care
Excerpt: "It is true that if the prevention strategies we are talking about are behavioral things -- eat better, lose weight, exercise more, smoke less, wear a seat belt -- then they cost very little and they do save money by keeping people healthy. But if your preventive strategy is medical, if it involves us, if it consists of screening, finding medical conditions early, shaking the bushes for high cholesterols, or abnormal EKGs, markers for prostate cancer such as PSA, then more often than not you don't save anything and you might generate more medical costs. Prevention is a good thing to do, but why equate it with saving money when it won't?" (The Wall Street Journal)
Employees Like Wellness Programs, but Don't Want Wages Tied to Them, According to Survey
Excerpt: "While 70% of employees believe that employers should offer some type of program, employees are ambivalent about how to get employees to participate. The majority of employees surveyed said that compensation should be tied only to their work, regardless of how much they participated in wellness activities. And two-thirds said that employers should not provide extra pay to wellness program participants. However, three-quarters of employees said that their employers should be able to offer lower health premiums to employees who participate, specifically linking healthy behavior to discounted premiums." (AISHealth.com)
Prevention Efforts Provide No Panacea on Health Costs
Excerpt: "There is one idea for fixing the health-care system that lawmakers in both parties agree on: a bigger government role in disease prevention. Yet many previous government prevention efforts aimed at costly chronic diseases have had little success in reducing illness or costs. 'It is not going to cut costs,' said Louise Russell, a research professor in the Institute for Health at Rutgers University who has studied the issue. 'We already do a lot more prevention than other countries. We are not healthier.'" (The Wall Street Journal)
Wellness and Prevention Likely to Survive Battle Over Health Care Reform
Excerpt: "Even before health care reform legislation has been formally introduced on Capitol Hill, skirmishes have broken out regarding proposals to establish a government-sponsored insurance program, tax health benefits and mandate employer coverage. But an area that has drawn high-profile activity by HR professionals -- wellness and prevention -- may survive the coming battle because it consistently draws bipartisan support." (Workforce Management; free registration required)
Target Corp. Encouraging Healthier Employee Lives and Behaviors by Using a Powerful Incentive: Cold, Hard Cash
Excerpt: "A pilot program that pays employees to fill out health-risk assessments, undergo screenings and participate in wellness initiatives is showing high levels of engagement by the workers. Experts say such cash incentives work better than premium discounts -- especially for younger workers." (Human Resource Executive Online)
Getting Healthy, with a Little Help from the Boss
Excerpt: "According to a January survey by the benefits consulting firm Hewitt Associates, nearly two-thirds of large employers planned to transfer more costs to employees. At the same time, one-third planned to put greater emphasis on wellness plans -- programs that encourage employees to adopt healthier lifestyles. (So long, Big Macs). Congress is climbing onto the wellness bandwagon, too. Senator Tom Harkin, the Iowa Democrat who is a leader of the Congressional health reform movement, recently proposed giving tax incentives to companies that offer comprehensive wellness programs to their employees. The focus on healthier lifestyles makes sense. Unhealthy employees use significantly more medical services than healthy ones and cost employers more money." (The New York Times; free registration required)
[Guidance Overview] Preparing for a Pandemic Outbreak: Lessons Learned from the H1N1 Flu
Excerpt: "The consequences of H1N1 have been less severe than originally anticipated, but there are some important lessons to be learned. Should the worst occur, most companies would be caught without the necessary policies and plans in place to deal with a deadly outbreak. This article outlines the steps that an employer can take in order to prepare for a pandemic and ensure business continuity." (Paul, Hastings, Janofsky & Walker LLP)
Wellness Programs May Become Universal for Federal Government Workers
Excerpt: "'As a result of many successful programs at businesses across the country, workers have become more engaged in their own health care, productivity is increasing, absenteeism is dropping, and employers are passing some of their health care savings to their workers,' the White House said in a statement earlier this month. The push for a healthier workforce will extend to civil servants. Obama has directed the Office of Personnel Management to work with other agencies to 'explore the feasibility of developing such a plan for federal employees and their workplaces.' OPM hasn't released any details about options it is considering. But if the federal plan is modeled after private sector and state-level efforts, it would emphasize assessing employees' health, and initiating programs to address shortcomings. Perhaps most important, it would include incentives for employees to participate in fitness and other classes." (GovernmentExecutive.com)
[Guidance Overview] Swine Flu Outbreak May Require Employers to Take Action
Excerpt: "Both the United States Department of Health and Human Services and the World Health Organization have made public declarations of the risk of pandemic due to the outbreak of swine influenza A (H1N1). These declarations impose on employers the duty to take reasonable steps to protect customers and employees. And while the initial outbreak of the swine flu has not been as severe as initially anticipated, the CDC has indicated that it is possible that the virus will return in its current form or even mutate into a more virulent virus during the fall cold and flu season. Adams and Reese LLP has prepared detailed policies, protocols, and other communications for clients to address these issues. As a service to all our clients, we advise you of our belief that it is essential for employers to take the following actions at a minimum . . . ." (Adams and Reese LLP)
Providers Are Mixing New and Different Elements in Today's Dental Insurance Plans
Excerpt: "Demand for dental coverage is increasing, and providers are responding with a new generation of plan designs that are progressive on one hand, 'retro' on the other, and increasingly consumer centric. 'It's very interesting to watch what's happening in the industry right now,' says Karen Gustin, vice president of group and managed care products for Ameritas. 'Employers and employees are looking for value in dental benefits, not just price. But at the same time, they want products at less cost. The result is that it's taking the industry back to the products of the 1980s.'" (Employee Benefit Adviser)
[Guidance Overview] Employers May Not Require Employees to Take a Health Risk Assessment to Participate in Group Health Plan
Excerpt: "In an informal discussion letter, the Equal Employment Opportunity Commission (EEOC) recently counseled that an employer would violate the Americans with Disabilities Act (ADA) if it required its employees to participate in a health risk assessment in order to obtain coverage under the employer's group health plan. Under the facts presented, a county employer required employees to participate in an assessment that included a short health-related questionnaire, a blood-pressure test, and providing blood for use in a blood panel screen. The results of the assessment were provided only to the employee, although aggregate employee information was provided to the employer. Those employees who refused to take the assessment, and members of their family, were not permitted to enroll in the employer's self-funded group health plan." (Deloitte via BenefitsLink.com)
[Guidance Overview] Employers Need to Consider the Americans with Disability Act in Preparing for H1N1 Flu
Excerpt: "The Equal Employment Opportunity Commission (EEOC) issued a short technical assistance document aimed at helping employers comply with the Americans with Disabilities Act as they prepare for the H1N1 flu virus. Although crafted specifically in the context of the H1N1 pandemic, the guidance would be useful under other public health scenarios in which employers need to plan for absenteeism or take steps toward infection control in the workplace." (Deloitte via BenefitsLink.com)
Target Corporation Pilot Program Pays Employees to Monitor Health
Excerpt: "Target Corp., the No. 2 U.S. discount retailer, is testing a program it hopes will lower health care costs by paying employees to undergo a health screening and follow recommended steps. The pilot program is being run in partnership with RedBrick Health. It has been offered to roughly 4,000 Target employees, including 10% of the workers at the retailer's Minneapolis headquarters, a distribution center and 11 stores." (Business Insurance)
Wellness Program Saves Kalamazoo County, Michigan, About $900,000
Excerpt: "Since instituting a work-site-wellness program in 2006, Kalamazoo County has trimmed about $900,000 in health-care costs annually . . . . Kalamazoo County's efforts have succeeded because of the support of administrators and an incentive program in which employees earn prizes and paid personal time in exchange for taking weight-management classes, walking and participating in health screenings . . . ." (The Kalamazoo Gazette)
[Guidance Overview] Mandatory Health Risk Assessments Violate ADA (PDF)
2 pages. Excerpt: "Many employers are implementing wellness programs that include health risk assessments, sometimes offering inducements to complete these assessments. In an informal letter, the EEOC said that making health risk assessments a prerequisite for health coverage would violate the Americans with Disabilities Act (ADA) but confirmed that certain voluntary wellness programs are permissible under the ADA. Although the letter does not constitute an official opinion of the EEOC, it does reflect the agency's current thinking on the issue." (Buck Consultants)
[Guidance Overview] EEOC's Guidance on Health Risk Assessments as Wellness Programs
Excerpt: "Recently, the Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing the employment provisions of the ADA and the Genetic Information Nondiscrimination Act (GINA), issued an informal opinion letter to an employer stating that requiring employees to participate in an HRA in order to be eligible for health insurance would violate the ADA." (Faegre & Benson)
Unequal Access to Employer Wellness Programs (PDF)
15 pages. Excerpt: "In the most recent nationwide Work Trends survey, the John J. Heldrich Center for Workforce Development at Rutgers University, found widespread awareness of wellness programs among American workers, but unequal access to these programs. Workers hold a variety of opinions on what companies can do to incentivize or penalize health-related behavior, and express concerns about privacy and what employers should know about their employees' health records." (John J. Heldrich Center for Workforce Development at Rutgers, The State University of New Jersey)
[Guidance Overview] 2009 H1N1 Flu: Tips for Plan Sponsors (PDF)
Excerpt: "This Bulletin focuses on 2009 H1N1 flu including both what plan sponsors can do to prepare themselves if 2009 H1N1 flu spreads to their workforce and what they can do to educate employees and allay their fears." (The Segal Group, Inc.)
[Guidance Overview] Managing Leave Issues Relating to the H1N1 Virus
Excerpt: "The Americans with Disabilities Act (ADA) and many state fair employment practices statutes prohibit discrimination against individuals with disabilities and may prohibit employers from making disability-related inquiries or requiring that an employee undergo a medical examination. Although it seems unlikely that telling at-risk employees who exhibit no symptoms to stay at home during a possible incubation period would be held to constitute disability discrimination, an employer assumes some risk any time it makes medical-related inquiries, requires medical examinations or makes a decision based upon a real or suspected medical condition." (Faegre & Benson)
[Guidance Overview] Informal Discussion Letter Indicates That Requiring Health Risk Assessments to Obtain Health Coverage Violates ADA
Excerpt: "EBIA Comment: Employers that require employees to complete a health risk assessment in order to obtain health coverage should comply with the ADA, even if they already comply with HIPAA's rules for wellness programs." (Employee Benefits Institute of America)
[Guidance Overview] EEOC Warns Employers about ADA Impact of Health Assessments
Excerpt: "The Equal Employment Opportunity Commission (EEOC) has indicated that requiring workers to undergo a health risk assessment that includes disability questions likely violates the Americans with Disabilities Act (ADA). Peggy R. Mastroianni, EEOC associate legal counsel, asserted in an 'informal discussion letter' that the scenario of undergoing such an assessment as a prerequisite for coverage 'does not appear to be job-related and consistent with business necessity, and therefore would violate the ADA.'" (PLANSPONSOR.com; free registration required)
Congress Plans Incentives for Healthy Habits
Excerpt: "In its effort to overhaul health care, Congress is planning to give employers sweeping new authority to reward employees for healthy behavior, including better diet, more exercise, weight loss and smoking cessation. A web of federal rules limits what employers and insurers can do now. Congress is seriously considering proposals to provide tax credits or other subsidies to employers who offer wellness programs that meet federal criteria. In addition, lawmakers said they would make it easier for employers to use financial rewards or penalties to promote healthy behavior among employees." (The New York Times; free registration required)
[Guidance Overview] Employer Response to Pandemic Flu Warnings (PDF)
Excerpt: "With the Swine Flu spreading globally under scrutiny of intensive media attention, and aggressive measures being taken by the CDC and WHO, most employers have diligently dusted off their disaster preparedness policies and notified workforces of published practices to maintain a healthy workplace. For the multinational employer, however, this can be a daunting task as the legal landscape of employee rights and employer obligations - from impact on wage and hour, leave laws, discrimination and privacy - can vary dramatically from jurisdiction to jurisdiction. This alert details US, Canadian and Mexican employment law in the context of this potential global pandemic." (Baker & McKenzie)
Hearing on Ensuring Preparedness Against the Flu Virus at School and Work
May 7, 2009. Excerpt: "On Thursday, May 7, the House Education and Labor Committee held a hearing to examine how federal agencies can help child care, schools, colleges and workplaces prepare for the H1N1 flu virus and future pandemics. The hearing will also provide an update on how schools and workplaces are being affected by and responding to the current outbreak." (U.S. House of Representatives Committee on Education and Labor)
[Guidance Overview] H1N1 Flu Readiness: A Summary of Employment-Related Concerns
Excerpt: "H1N1 flu may qualify as a serious health condition for purposes of the federal Family and Medical Leave Act (FMLA) or analogous state law. Employees may be eligible to take FMLA leave for their own, or a family member's, health condition caused by the H1N1 flu. Similarly, an employer may designate such leave as FMLA leave -- even in advance of confirmatory information from the employee's health care provider. Leave taken by an employee for the purpose of avoiding exposure to the flu, however, would not be protected under the FMLA." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)
H1N1 Expected to Resurge in the Fall: Is Your Organization Prepared? (PDF)
7 pages. Excerpt: "There is always a risk of employee abuse of policies, as well as for human error. Therefore, keeping accurate documentation can minimize an employer's liability and the risk of employee policy abuse. Maintain a record of the communications that have been sent to employees. Maintain an updated list of employees who have taken sick leave and keep a record of personnel who have had contact with infected people." (Thompson Hine LLP)
[Guidance Overview] Employers Need to Adopt Pandemic Preparedness Plans in Order to Minimize the Impact on Their Employees and Business Operations (PDF)
2 pages. Excerpt: "It is particularly important to educate employees about the realistic risks of pandemic flu and the employer's efforts to address them (e.g., emergency plans) in a forthright and honest manner that does not increase stress or create panic. Employers should prepare educational materials and communications specifically targeting distinct audience subgroups, such as managers and customers." (Buck Consultants)
[Guidance Overview] The Impact of H1N1 Virus on the Workplace
Excerpt: "Because H1N1 virus can be transmitted to employees in the course of performing their jobs, employers should view the virus from a workplace-safety-and-health perspective. Employers may have legal obligations under the Occupational Safety and Health Act and its state counterparts to take affirmative steps to protect employees from work-related exposure to H1N1 virus. The Occupational Safety and Health Act and its regulations do not contain provisions specifically addressing the risks associated with H1N1 virus. However, the Act's General Duty Clause requires employers to provide a workplace 'free from recognized hazards that are causing or are likely to cause death or serious physical harm.' 29 U.S.C. ? 665(a)(1)." (Kilpatrick Stockton LLP)
H1N1 Flu Information Resources Listed
Excerpt: "The U.S. Centers for Disease Control (CDC) is actively investigating isolated human cases of H1N1 influenza (swine flu) in several states, and is working closely with Canada and Mexico and with the World Health Organization (WHO). Likewise, the Public Health Agency of Canada (PHAC) is working collaboratively with Mexican and American officials to further investigate the situation. [Links are provided to U.S. Government Resources, Canada Government Resources, and assorted others.] " (International Foundation of Employee Benefit Plans)
Workers' Poor Health Costlier to Employers Than Direct Costs of Medical Care, According to Study
Excerpt: "Poor health among workers is far costlier to U.S. employers than they realize, affecting their profitability and undercutting overall productivity nationally, according to a study published recently in the Journal of Occupational and Environmental Medicine. The multiyear study of ten organizations employing more than 150,000 workers indicates that employers that focus only on medical and pharmacy costs in creating employee health strategies might misidentify the health conditions that most affect their employees' productivity, while underestimating the impact of other factors." (Wolters Kluwer)
Swine Flu Provides a Test of Employers' Crisis Plans
Excerpt: "A growing number of companies that dispatch employees around the world have developed formal crisis plans that include enhanced ability to know where their people are at any given time. These plans were put to the test last week when the World Health Organization warned that swine flu was spreading with efficiency among humans and appearing in an increasing number of countries, even though the fatality rate was small. Except in a few outbreaks of panic here and there, the response from the business travel industry has been measured and prudent. That is in some part because of corporate crisis plans, many of which were developed after the terrorist attacks on Sept. 11, 2001, and the SARS outbreak in 2003, and refined afterward." (The New York Times; free registration required)
[Guidance Overview] The 2009 H1N1 Flu ? Is Your Workplace Prepared? (PDF)
2 pages. Excerpt: "The recent increase in the number of confirmed cases of H1N1 Influenza A (swine flu) illustrates the necessity and importance of employer preparedness for a potential influenza pandemic. Regardless of whether the H1N1 Influenza A reaches pandemic proportions or instead fizzles out, employers should consider taking action and implementing policies now, to protect their employees' health and safety, while at the same time minimizing business interruption and potential liability." (Snell & Wilmer LLP)
[Guidance Overview] Important Legal Considerations for Drafting an Effective Pandemic-Response Policy for Multinational Employers
Excerpt: "With rising concerns about a global swine flu pandemic, all U.S. employers -- but especially those with multinational operations -- need to determine how best to tackle complex legal issues raised by the illness. Importantly, any international policies created to deal with potential issues caused by a flu pandemic must take into account the local legal requirements of other countries. These legal requirements can include obligations relating to employee consultation/notification, health and safety, workers' compensation, working hours, overtime and leave, data protection/privacy laws, and business continuity plans -- which can differ in every jurisdiction where the company has operations." (Seyfarth Shaw LLP)
Swine Flu Forcing Hr Departments to Begin Planning for Possible Absence of Large Numbers of Employees
Excerpt: "If the swine-flu situation worsens in the United States, HR would have a big job -- creating policies that will help ensure the safety of employees as well as making arrangements for large numbers of absent employees, says Ed Foulke, formerly the assistant secretary of labor at the U.S. Occupational Safety and Health Administration and current partner in the Atlanta office of the Fisher & Phillips law firm. . . . He suggests that businesses make plans to let employees work from home and utilize those who are cross-trained in jobs other than their own to fill in for those who can't work. Companies should also consider providing personal protective gear such as facemasks and respirators -- whether such equipment is used now or during a future pandemic scare." (Human Resource Executive Online)
Healthy Lifestyle Key to Controlling Costs
Excerpt: "As is well-known, comprehensive health care reform comes with a price tag, which will be based on the analysis of the Congressional Budget Office. But will lawmakers have all the information they need on costs? Will they be looking at a complete picture? The answer to these questions is critical to solving the challenge we face. If past is prologue, there is reason to believe that the CBO price tag for health care reform, on which legislators will base decisions, will not capture the future savings, because it underestimates the value of investment in health care as a means to achieving a healthier, more productive and, ultimately, more prosperous America." (Capitol News Company LLC)
[Guidance Overview] What's an Employer to Do? Understanding the Employment Law Implications of Swine Flu
Excerpt: "Employers also need to determine how they will deal with the problems associated with a potential influenza outbreak. With people avoiding anyone seen coughing, school districts closing with limited advance notice, and 24-hour media coverage heightening awareness and anxiety, the current and expected issues are abundant. If these issues are handled improperly, employers may find themselves facing a variety of legal challenges, including unsafe workplace complaints, unpaid overtime reports, unfair labor practice claims, and discrimination charges. Employers need to be prepared to address these issues in a manner that minimizes liability under the myriad of employment laws implicated by a potential influenza pandemic." (Haynes and Boone, LLP)
Community Pan-Flu Preparedness: A Checklist of Key Legal Issues for Healthcare Providers (PDF)
96 pages. Excerpt: "This Checklist is a scalable tool designed to assist providers along the continuum of care as well as the broader healthcare and public health communities in taking concrete steps to prepare for an influenza pandemic." (American Health Lawyers Association)
U.S. Human Cases of H1N1 Flu Infection
Excerpt: "CDC continues to issue and update interim guidance daily in response to the rapidly evolving situation. Early this morning, CDC provided interim guidance on school closures. Supplies from CDC's Division of the Strategic National Stockpile (SNS) are being sent to all 50 states and U.S. territories to help them respond to the outbreak. In addition, the Federal Government and manufacturers have begun the process of developing a vaccine against this new virus." (Centers for Disease Control and Prevention)
[Guidance Overview] Impact of Swine Flu in the Workplace (PDF)
2 pages. Excerpt: "Now that the World Health Organization has raised the swine flu (also called the 2009 H1N1 flu) pandemic alert to a Level 5 (out of 6), employers may need to take precautions to safeguard their workers' health and to avoid possible liability issues. In addition to recommending that employees comply with good hygiene practices, stay home when sick, and report any communicable diseases, such as swine flu, employers also need to consider their legal obligations under various employment laws that could be implicated by a flu outbreak." (Winston & Strawn LLP)
[Guidance Overview] Workplace Challenges of Swine Flu (PDF)
4 pages. Excerpt: "The reality of swine flu has now reached the American workplace, and employers are struggling to implement responses that protect their healthy employees, guard the privacy of stricken employees, and comply with applicable national, state, and common law requirements. Because appropriate employer responses require knowledge of several different areas of employment law such as employment, OSHA, employee benefits, and insurance law, it is essential that employers do not permit overexcited media coverage to push them into taking actions that may be illegal and frightening to employees." (Morgan, Lewis & Bockius LLP)
[Guidance Overview] Swine Flu Pandemic Preparation for Employers: Legal Issues to Consider
Excerpt: "As an overriding principle, workplace safety law requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm. Contingency plans to protect employees during an illness outbreak can, however, trigger benefit and employment law issues. . . . Employers must be concerned, for example, about how they will detect swine flu symptoms among employees and communicate information to affected employees and others without violating applicable privacy laws. In general, HIPAA privacy rules will not govern such uses and disclosures of health information related to the swine flu, unless employers obtain such health information from their health plans. Further, HIPAA may permit uses or disclosures of protected health information that are necessary for public health reasons -- that is, to prevent or control the spread of swine flu. Employers should also check state medical privacy rules regarding such issues." (Faegre & Benson)
[Opinion] American Benefits Council Comments on Proposed Rule Implementing Title II of Genetic Information Nondiscrimination Act (PDF)
8 pages. Excerpt: "The comments . . . focus on two aspects of the proposed rules for Title II: the Commission's request for specific comments regarding how the term 'voluntary' should be defined for purposes of the American with Disabilities Act's (ADA's) application to wellness programs; and the 'firewall' rule of construction between Titles I and II as set out in section 209(a)(2)(B) and (c) of GINA." (American Benefits Council)
Company Wellness Programs Move More Toward 'Sticks' Rather Than 'Carrots'
Excerpt: "As employers with wellness programs plan for 2010, 'they are being much more aggressive' about their expectations, says Jay Savan, a . . . Principal at consultant Towers Perrin. 'It is much less of a value-added approach, and more expressly around identifying health risks and addressing them.' Prior to the economic meltdown, he says, 'Many employers felt that they were not necessarily in a position to mandate that kind of approach.' A lot of the discussions Savan currently has with clients explore the idea of requiring or strongly encouraging participation in programs like biometric screening. 'An employer might say, 'I am going to offer you two medical plans. One is much higher in value than the other -- however, to participate in that plan, we require you to complete a health-risk assessment, and if the risk assessment determines that you are eligible for case management or should be in a wellness program, you have to participate,' he says." (PLANSPONSOR.com; free registration required)
Many Companies Taking Action to Quell Swine Flu Fears
Excerpt: "Companies are taking precautions to limit the spread of swine flu -- and panic among their workforces -- by restricting employee travel, dusting off pandemic preparedness plans and providing e-mails, Web sites and phone calls with information provided by public health officials." (Workforce Management; free registration required)
Pandemic Influenza Resources
Excerpt: "[Troutman Sanders has assembled this resource page as a service to] clients and the public to make critical information about this major public health threat more easily available." (Troutman Sanders LLP)
[Guidance Overview] The Employer's Guide to Legal and Workplace Implications of a Swine Influenza Outbreak (PDF)
4 pages. Excerpt: "What actions can employers take to prevent the transmission and minimize the impact of Swine Influenza in the workplace? It is recommended that employers take the following steps to pre-plan for an outbreak of Swine Influenza in their workplace: Obtain information on Swine Influenza from the local Department of Public Health (DPH), the CDC, or the employer's local health provider to determine whether there is a Swine Influenza risk in the community and/or within the particular groups in the workplace. Institute a program to require employees to comply with recognized personal hygiene practices, including: hand washing, cleaning of surfaces that may have been contaminated due to sneezing, coughing, or other contact, and avoiding spreading of disease by covering the mouth and nose when coughing or sneezing. Inform employees that the employer is committed to providing a safe and healthy workplace and that it wants to protect its employees against potential exposure to any disease whether or not work-related, including Swine Influenza, within the workplace." (Seyfarth Shaw LLP)
Old Concept, Worksite Health Clinics, Gets New Lease in Battle to Curb Costs, Boost Productivity
Excerpt: "Worksite health clinics are enjoying a comeback, as employers look for ways to control health care costs and improve productivity. Once a relic of hazardous industrial workplaces, on-site clinics have re-emerged as a competitive tool for ensuring companies have a healthy, present and highly functioning workforce. This Perspective examines factors behind the growth of on-site clinics and covers recent Mercer survey findings about employers sponsoring such clinics. Topics addressed include implementation issues and ways to boost returns by integrating worksite clinics with other health programs." (Mercer LLC)
Swine Flu Response Resource Site
Excerpt: "In a matter of days, the World Health Organization (WHO) has raised the H1N1 swine flu to a phase 4 pandemic alert, designating the need for proactive 'response and mitigation efforts.' The potential business impact of a swine flu outbreak is real and must be addressed. This Swine Flu Response Resource Site is designed as an online resource to access information and insight on risks and human capital concerns emanating from a swine flu outbreak. This site is intended to help our clients make informed decisions about their employees' ? and their business' ? welfare." (Aon Consulting)
For Some, Obesity Becoming a Civil Rights Issue
Excerpt: "The National Association for the Advancement of Fat Acceptance, a civil rights group formed in 1969, has found new life as fat-acceptance advocates gain force online. There are now more than 50 fat-acceptance blogs and more than a dozen books promoting the idea, from Linda Bacon's 'Health at Every Size' to Wendy Shanker's 'The Fat Girl's Guide to Life.' There are even romance novels featuring plus-sized characters with names like 'Dangerous Curves Ahead.'" (FOX News Network, LLC)
Training the Brain To Make Wise Choices
Excerpt: "The human brain is wired with biases that often keep people from acting in their best interest. Now, some employers and insurers are testing ways to harness such psychological pitfalls to get people to make healthier choices. Many companies have long paid employees to stop smoking or lose weight, but with limited success. So some companies are rewriting the rules for doling out financial incentives." (The Wall Street Journal)
Current and Former Tennessee State Employees Have Until End of Year to Quit Smoking, or Pay the Consequences
Excerpt: "The consequences, in this case, will be a $600 smoking surcharge that goes into effect on New Year's Day 2010 for everyone in the state employee health system who smokes, or has a smoker for a spouse. The hope is that the extra $50-a- month surcharge will provide the extra push smokers need to quit - and save Tennessee an estimated $3,400 a year in lost productivity and smoking-related health claims per worker." (WBIR.com)
Companies Find Inexpensive Ways to Promote Wellness
Excerpt: "[E]mployers are not likely to drop wellness programs altogether given the rising cost of health care. 'Even though the company can't afford a whole lot, they can't afford higher health care costs, either,' Colao says. Instead, many employers are playing up existing benefits offered through their health insurance plans. In place of biometric screening, for example, companies may encourage employees to go for an annual physical. Colao says one company promoted a 24-hour nurse hot line, an existing benefit that few employees knew about or used. 'It's part of what they're already paying for,' he says. At the same time, campaigns that promote physical activity or healthier eating are on the upswing, Colao says. 'More employers want to do wellness, but they don't have a large budget to do it in,' he says." (Workforce Management; free registration required)
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