Wellness programs--are the covered by ERISA? Do we need to file a 5500?

[Guest jenniferf]

We are considering items like free cholesterol screening, free programs like weight loss, smoking cessation, perhaps premium discounts for trying these programs. Is this covered by ERISA? Do we need a 5500?

[J2D2]

I'm struggling with a similar issue, jenniferf. In my situation, I seem headed toward the conclusion that the bona fide wellness program should be a part of the existing group health plan. The DOL proposed regs. under ERISA 702 and the corresponding IRS proposed regs under IRC 9802 hint at this conclusion, but are not definitive.

If the bona fide wellness program is not a stand-alone plan, then you would simply include it in the reporting for the group health plan that it is attached to.

Have you come to any conclusions since your initital post?

[Kirk Maldonado]

Aren't there some DOL Advisory Opinions on this point? I could be wrong, but I seem to recall seeing some addressing this point a number of years ago.