News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Employer Group Health Plans Corporate Counsel

Husch Blackwell LLP

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

Husch Blackwell LLP on

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

Snell & Wilmer

Another HIPAA Special Enrollment Deadline Extension – What’s a Group Health Plan to Do?

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Just when you thought the confusing COVID-19 ERISA deadline extensions were behind you, the Biden-Harris Administration asks you to reconsider. ...more

Jackson Lewis P.C.

What the End of the COVID-19 Pandemic Means for Employee Benefit Plan Deadlines and Coverage

Jackson Lewis P.C. on

President Biden announced that the COVID-19 Public Health Emergency (PHE) and the National Emergency declared by President Trump in 2020 will end on May 11, 2023. The PHE relief issued in response to the pandemic affected...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Prepare for Thawing ERISA Deadlines

With the pandemic winding down, deadlines for employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) will be resuming. Two different emergencies affect employer-sponsored group health plans:...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - March 6th - 9th, Phoenix, AZ

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Baker Donelson

HHS Issues Post-Dobbs HIPAA Privacy Guidance for Employer Health Plans, Other Covered Entities

Baker Donelson on

In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and the evolving legal patchwork now confronting both patients accessing reproductive health care and their health care providers,...more

Holland & Hart - The Benefits Dial

I’m Leaving On A Jet Plane…Is Abortion Care Travel a Covered Benefit?

The focus of this week’s post is on an emerging hot topic, abortion care travel reimbursement. Reimbursement for travel to obtain abortion care was already something being considered by a number of companies in response to...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - April 25th - 28th, Chicago, IL

Each Academy provides three-and-a-half days of classroom-style training covering the latest laws, regulations, and developments to help you effectively manage your organization’s compliance program. They are ideal for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer-Provided COVID-19 Testing: An Employee Benefits Q&A

Although the fate of the Occupational Safety and Health Administration’s (OSHA) rules remains in limbo, many employers are moving ahead with efforts to comply with the OSHA emergency temporary standard (ETS) that requires...more

Foley & Lardner LLP

“How To” Guide for Health Plan Premium Incentives for the COVID-19 Vaccine

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Health plan wellness programs may generally include a health plan premium incentive discount for those who have received the COVID-19 vaccine(s) or, alternatively, a premium surcharge for those who are not vaccinated....more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - September 27th - 30th, Austin, TX

Each Academy provides three-and-a-half days of classroom-style training covering the latest laws, regulations, and developments to help you effectively manage your organization’s compliance program. They are ideal for...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 2nd - 5th, Seattle, WA

Each Academy provides three-and-a-half days of classroom-style training covering the latest laws, regulations, and developments to help you effectively manage your organization’s compliance program. They are ideal for...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - November 2nd - 5th, Nashville, TN

Dive into a broad spectrum of topics affecting healthcare organizations. Explore the latest laws, regulations, and developments to help you effectively manage your organization’s privacy compliance program. Our Academies are...more

McDermott Will & Schulte

Privacy, HIPAA, Security and GDPR – COVID-19 Considerations

PRIVACY, HIPAA, SECURITY AND GDPR - The introduction and spread of COVID-19 to communities across the globe has created numerous privacy and security compliance questions and challenges. Below, we address several frequently...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - January 13th - 16th, Lake Buena Vista, FL

Dive into a broad spectrum of topics affecting healthcare organizations. Explore the latest laws, regulations, and developments to help you effectively manage your organization’s privacy compliance program. Our Academies are...more

Laner Muchin, Ltd.

Recent Class Action Lawsuit Involving Yale University’s Wellness Program Is A Cautionary Tale For Employers

Laner Muchin, Ltd. on

There is an increasing trend in legal challenges to an employer’s administration of a wellness program and whether that program violates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination...more

Proskauer - Employee Benefits & Executive...

Court Throws Monkey Wrench Into Wellness Programs

The U.S. District Court for the District of Columbia has ordered the EEOC to reconsider its final regulations on the extent to which an employer may offer incentives to participate in a wellness program without violating the...more

BCLP

EEOC Clarifies ADA and GINA Wellness Incentive Rules

BCLP on

While the litigation over wellness programs rages on, the EEOC is still marching forward with the implementation of its wellness rules that we wrote about previously. As most people in the wellness space are aware, the...more

Constangy, Brooks, Smith & Prophete, LLP

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more

Alston & Bird

HIPAA Double Take: What Health Plan Sponsors Need to Know Now

Alston & Bird on

With the onslaught of Affordable Care Act changes, health plan sponsors have much to think about lately. Given the number of other issues affecting them, plan sponsors may feel that HIPAA privacy and security is an issue they...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more

Constangy, Brooks, Smith & Prophete, LLP

Hey – That EEOC Wellness Rule Isn’t Half Bad

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs

Proposed Rule Would Permit Incentives, Emphasize Confidentiality - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today published a Notice of Proposed Rulemaking (NPRM) describing how Title I of...more

BakerHostetler

FAQs by Employers Regarding the Anthem Breach

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Do we have any legal obligations under HIPAA? It depends on your contractual relationship with Anthem and whether the group health plan offered by your company is self-insured. If your company’s group health plan is...more

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