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Mismatch Between EEOC Proposed Rules and HIPAA/ACA Limits Will Affect Wellness Program Design
Ballard Spahr LLP
[Guidance Overview] Apr. 21, 2015 "To a significant degree, the regulations dovetail with guidance on wellness program incentives issued under other nondiscrimination laws, in particular, [HIPAA] and the [ACA]. However, they differ in ways that could materially affect how employers design and operate their wellness programs.... The HIPAA/ACA limit applies only to health-contingent wellness programs in a health plan ... The EEOC limit applies to wellness programs across the board.... If family members can participate in a wellness program, the HIPAA/ACA limit may be based on the cost of the coverage tier selected by the employee (self-only, employee plus one, etc.). The ACA rules base their limit exclusively on the cost of self-only coverage.... The HIPAA/ACA limit may be expanded to 50 percent of the cost of group health coverage to the extent that the wellness program addresses tobacco cessation. The EEOC limit does not allow for that extension." MORE >> |
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