"If an employer offers only discount gym memberships and free seminars on exercise and nutrition, the employer's wellness program does not provide medical care or benefits in the event of sickness and is not subject to ERISA.... If an EAP maintained by an employer provides only referral services, then it does not provide health care and is not a health plan for purposes of COBRA. In contrast, if the EAP provides health care, it must provide COBRA continuation coverage to employees and dependents that lose health care coverage under the EAP due to a qualifying event."

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