Wellness Programs: EEOC Enforcement Actions and Complying with Federal and State Laws

Lorman Education Services

Does your wellness program adhere to federal and state laws? Make sure you’re not left behind with the latest regulations.

Federal laws impose a number of rules on wellness programs and those rules continue to evolve. Over the last several months, the EEOC has brought lawsuits against employers based on the design of their wellness programs alleging violations of the ADA and GINA. Not long before that, in June of 2013, the IRS, DOL and HHS issued new HIPAA nondiscrimination regulations governing wellness programs. These regulations make significant changes and clarifications to the prior regulations. While implementing the provision in health care reform allowing for greater incentives, the regulations also impose a number of new requirements on wellness program design. In addition to HIPAA, ERISA, the ADA, GINA, and the Internal Revenue Code also impose restrictions. 

Review new HIPAA nondiscrimination regulations, other regulatory developments, case law, and other developments, and requirements of wellness programs. This includes a review of the design and taxation of incentives, laws that prohibit discrimination based on health factors, and exceptions for certain wellness and supplemental plans.

Learning Objectives:

• You will be able to review wellness programs.
• You will be able to discuss risk identification and behavior modification.
• You will be able to define HIPAA - the Health Insurance Portability and Accountability Act.
• You will be able to identify exclusions from income; De Minimis Rules.

Faculty: Amy M. Gordon, Partner, Winston & Strawn LLP

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