Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more
8/6/2025
/ Benefit Plan Sponsors ,
Class Action ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Enforcement Actions ,
ERISA Litigation ,
Fiduciary Duty ,
Health and Welfare Plans ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Violations ,
Notice Requirements ,
Popular ,
Regulatory Requirements ,
Tobacco ,
Wellness Programs
Update:
The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more
3/1/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Medical Examinations ,
Medical History ,
Proposed Rules ,
Regulatory Freeze ,
Voluntary Participation ,
Wellness Programs
On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...more
2/19/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Register ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Medical Examinations ,
Regulatory Freeze ,
Risk Assessment ,
Voluntary Participation ,
Wellness Programs
On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules that, if they become effective, will significantly restrict the ability of employers to provide incentives to participate...more