ERISA Compliance and Tobacco Cessation Wellness Programs: Recent Litigation and Key Issues for Plan Sponsors

BARBRI

Regulatory Framework, Program Design Considerations, Availability and Alternative Standards, Litigation Tactics, Pitfalls to Avoid

This CLE webinar will provide ERISA counsel and plan sponsors a detailed analysis of recent litigation involving tobacco cessation wellness programs and ERISA and HIPAA compliance. The panel will discuss tobacco surcharges and wellness program requirements under the Employee Retirement Income Security Act (ERISA), the Affordable Care Act (ACA), and the Health Insurance Portability and Accountability Act (HIPAA), the regulatory framework impacting the design and implementation of tobacco cessation wellness programs, recent class action lawsuits and employer liability, and next steps for plan sponsors and fiduciaries.

Description

A number of class action lawsuits have been filed against group health plans claiming that tobacco cessation wellness programs violate ERISA and HIPAA provisions. Plan sponsors and counsel must understand key provisions and requirements when structuring and implementing tobacco cessation wellness programs to minimize potential litigation and penalties.

Tobacco cessation wellness programs are designed to encourage wellness for participants in a group health plan. Under Section 702(b) of ERISA, a plan may charge a participant an insurance premium based on a health-status related factor if they fail to adhere to a program designed to promote health and disease prevention. However, recent lawsuits allege that employer-sponsored group health plans imposing surcharges on tobacco users' premiums violate HIPAA nondiscrimination rules and fiduciary duties under ERISA.

Plan sponsors and counsel must navigate the nuances of ERISA and HIPAA requirements and reevaluate these program structures for these wellness programs in order to ensure compliance and avoid litigation and penalties.

Listen as our panel discusses tobacco surcharges and wellness program requirements under ERISA, the ACA, and HIPAA, recent class action lawsuits and employer liability, and next steps for plan sponsors and fiduciaries.

Outline

1. Regulatory framework
   • ERISA
   • HIPAA
   • ACA
2. Program design and implementation
3. Recent lawsuits
4. Next steps for plan sponsors and fiduciaries

More Information, How to Register