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Another Message to EEOC on Wellness Plans: Targeting Incentives Is Inconsistent with the ACA
Seyfarth Shaw LLPLink to more items from this source
Feb. 3, 2015

"Given the seemingly inconsistent position between the ACA, regulations issued by three Cabinet-level agencies, and the EEOC's litigation position, some employers have limited their wellness programs and related incentives, or have even chosen not to offer them. From both sides of the aisle, the tenor of [a recent Senate HELP Committee] hearing was clear -- Congress permitted incentives for wellness plans that now the EEOC is litigating against. Senator Alexander (R-TN) remarked that 'EEOC is sending a confusing message to employers -- reliance on Obamacare's authorization of wellness programs does not mean you won't be sued.' "

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