Post a Job

Featured Jobs

DC Plan Administrator

Heller Pension Associates, Inc.
(Remote / Hyde Park NY / Miami FL)

Heller Pension Associates, Inc. logo

Compliance Specialist III

EPIC RPS
(Remote / Norwich NY)

EPIC RPS logo

3(16) Fiduciary Analyst

Anchor 3(16) Fiduciary Solutions LLC
(Remote / Wexford PA)

Anchor 3(16) Fiduciary Solutions LLC logo

Retirement Plan Relationship Manager

ERISA Services Inc.
(Remote / Knoxville TN)

ERISA Services Inc. logo

Senior ERISA Compliance Analyst

Employee Fiduciary, LLC
(Remote)

Employee Fiduciary, LLC logo

Retirement Compliance Consultant

Navia Benefit Solutions
(Remote / Fresno CA)

Navia Benefit Solutions logo

Relationship Manager/ Actuary

Daybright Financial
(Remote)

Daybright Financial logo

ERISA Team Leader

July Business Services
(Remote)

July Business Services logo

Relationship Manager

EPIC RPS
(Remote)

EPIC RPS logo

Retirement Plan Distribution Specialist

ERISA Services Inc.
(Remote)

ERISA Services Inc. logo

Executive Assistant / Sales Support

M2B Retirement Consulting LLC
(Remote / Wexford PA)

M2B Retirement Consulting LLC logo

Defined Contribution Account Manager

Nova 401(k) Associates
(Remote)

Nova 401(k) Associates logo

Retirement Plan Installation & Document Manager

Fringe Benefit Group
(Remote / Austin TX)

Fringe Benefit Group logo

Recordkeeping and TPA Relationship Manager

Daybright Financial
(Remote)

Daybright Financial logo

Client Service Specialist

EPIC RPS
(Remote / Norwich NY)

EPIC RPS logo

Senior 401k Plan Administrator

FM International Services
(Huntington NY)

FM International Services logo

Relationship Manager for Defined Contributions

Daybright Financial
(Remote)

Daybright Financial logo

View More Employee Benefits Jobs

Free Publications

LinkedIn icon     Twitter icon     Facebook icon
Webinars
and Podcasts
  >  Upcoming   |   On-Demand
Conferences   >  Upcoming   |   Grouped by Location
All Webinars, Podcasts and Conferences   >  Upcoming   |   Grouped by Sponsor

View More BARBRI Webinars, Podcasts and Conferences

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

BARBRI

May 20, 2025
On-Demand
Webinar

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