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Wellness Programs: EEOC Enforcement Actions and Complying with Federal and State Laws

OnDemand Webinar (87 minutes)

Does your wellness program adhere to federal and state laws? Make sure you're not left behind with the latest regulations.Federal laws impose a number of rules on wellness programs and those rules continue to evolve. Over the last several months, the EEOC has brought lawsuits against employers based on the design of their wellness programs alleging violations of the ADA and GINA. Not long before that, in June of 2013, the IRS, DOL and HHS issued new HIPAA nondiscrimination regulations governing wellness programs. These regulations make significant changes and clarifications to the prior regulations. While implementing the provision in health care reform allowing for greater incentives, the regulations also impose a number of new requirements on wellness program design. In addition to HIPAA, ERISA, the ADA, GINA, and the Internal Revenue Code also impose restrictions. Review new HIPAA nondiscrimination regulations, other regulatory developments, case law, and other developments, and requirements of wellness programs. This includes a review of the design and taxation of incentives, laws that prohibit discrimination based on health factors, and exceptions for certain wellness and supplemental plans.


Amy M. Gordon, Winston & Strawn LLP


Overview of Wellness Programs

• Types of Wellness Programs

• Tools

- Health Risk Assessments

- Biometrics; Disease Management

• Goals

- Risk Identification; Behavioral Modification

- Reducing the Cost of Chronic Disease

• Incentives

- Reduction in Health Insurance Premiums, Coinsurance or Co-Pays

- Cash and Other Rewards

Legal Limitations

• HIPAA - the Health Insurance Portability and Accountability Act

- HIPAA Nondiscrimination Regulations - New Regulations

- HIPAA Privacy and Security

• ADA - the Americans With Disabilities Act

- Applicability to Wellness Programs

- Impact of Amendments Effective January 1, 2009

• GINA - the Genetic Information Nondiscrimination Act

- EEOC, IRS, DOL and HHS Regulations

- Status of Regulations

• ERISA - the Employee Retirement Income Security Act

- When Is a Wellness Program Subject to ERISA?; What Constitutes Medical Care

- Impact of Being Subject to ERISA?

• Health Care Reform

- Health Care Reform Provisions on Wellness Programs

- Wellness Incentives and the Employer Shared Responsibility Fee

• The Code - the Internal Revenue Code

- When Are Incentives Income Subject to Taxation?

- Exclusions From Income; De Minimis Rules

• Other Federal Laws

- Title VII and ADEA

• Laws

- State Tax Laws; Lawful Product Laws

- Other State Laws