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Health Insurance Equal Employment Opportunity Commission (EEOC)

Bricker Graydon LLP

Can you Charge Smokers More for Your Health Plan?  

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Several new lawsuits have been filed recently alleging that employers violated HIPAA’s non-discrimination rule by charging higher health insurance premiums to employees who use tobacco products. ...more

Verrill

The GLP-1 Coverage Conundrum: Managing Costs for Group Health Plans

Verrill on

Many employers are facing challenges in incorporating high-cost GLP-1 medications, such as Mounjaro, Ozempic, Rybelsus, Trulicity, and Wegovy, into their group health plans, as they must balance the cost to the group health...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

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A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

Mitratech Holdings, Inc

Protecting Pregnant Employees: A Closer Look at PWFA and FMLA

Both the Pregnant Workers Fairness Act (PWFA) and the Family Medical Leave Act (FMLA) play a crucial role in supporting pregnant employees, each offering unique protections. Understanding these differences is key to creating...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gregg Orr Auto Collection for Disability and Age Discrimination

Company Fired Longtime Employee to Avoid Health Care Costs, Federal Agency Charges - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a company that provides administrative and operations services for a group of related...more

Goodwin

Employee Benefits Post-Dobbs: Considerations for Year-End Planning

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Much has been written about the Supreme Court’s decision in Dobbs v. Jackson to overturn the constitutional right to abortion. For employers in particular, the Dobbs decision raised a number of questions about employee...more

Pillsbury - Policyholder Pulse blog

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

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

Medical Travel Reimbursement Benefits Under the Supreme Court’s New Dobbs Decision

On June 24, 2022, the Supreme Court of the United States issued its highly anticipated decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392. The Dobbs decision expressly overrules the two key precedents that...more

K&L Gates LLP

Incentivizing Vaccination: Federal Agencies Issue Guidance on Use of Health Insurance Discounts and Surcharges and the Impact on...

K&L Gates LLP on

Introduction - On 4 October 2021, the Departments of Labor, Treasury, and Health and Human Services (the Departments) jointly issued a set of Frequently Asked Questions (FAQs) governing employers’ ability to provide discounts...more

Mintz - Employment Viewpoints

The Impact of the ACA Employer Shared Responsibility Rules and Wellness Program Limits on COVID-19 Premium Surcharges

In a previous post, we reported on an announcement by Delta Airlines that it would impose a premium surcharge on employees covered under its group health plan who failed to get vaccinated for COVID-19. This follow-on post...more

Parker Poe Adams & Bernstein LLP

Can Employers Charge Higher Group Medical Insurance Premiums for Unvaccinated Employees?

As many companies continue to struggle with low employee COVID-19 vaccination rates, some employers are evaluating imposing higher premiums for unvaccinated employees under their group medical plans. These employers see this...more

Fenwick & West LLP

March 2021 Employment Law Update: New ARPA/COBRA Subsidy, COVID-19-Related Sick Leave Developments and More

Fenwick & West LLP on

New ARPA/COBRA Subsidy - The federal American Rescue Plan Act of 2021 (ARPA) provides for a 100% subsidy of COBRA premiums for six months from April 1, 2021 through September 30, 2021, for individuals (and their covered...more

Seyfarth Shaw LLP

EEOC Wellness Rules Proposed, Water Bottle Enthusiasts Rejoice

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Synopsis: For years, employers have struggled to understand what level of incentives in wellness programs might be considered “voluntary” under the Americans with Disabilities Act (ADA). ...more

Constangy, Brooks, Smith & Prophete, LLP

What's In Those Proposed Wellness Regs?

Some Q and A. Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information...more

K&L Gates LLP

Well Done? EEOC's New Proposed Rules Would Limit Employer Wellness Programs to De Minimis Incentives—with Significant Exceptions

K&L Gates LLP on

INTRODUCTION - On 7 January 2021, the U.S. Equal Employment Opportunity Commission (EEOC) proposed two new rules designed to clarify the scope of incentives that employers may offer employees as part of a wellness program...more

Holland & Hart - Employers' Lawyers

EEOC’s New Stand on Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission unveiled two Notices of Proposed Rulemaking regarding what employers can do to encourage workers to participate in corporate wellness programs without violating...more

Seyfarth Shaw LLP

EEOC’s New ADA Regulations Could Complicate Employer Plans to Offer Incentives for Getting the COVID Vaccine as Part of a Wellness...

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As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce.  Some employers are  considering making vaccination mandatory. ...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - April 2020 #4

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Administration Issues Meat-Packing Executive Order Falling Short of Original Plan. On April 28, President Trump issued an Executive Order entitled “Executive Order on Delegating Authority under the DPA with Respect to Food...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

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As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

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Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Littler

WPI Labor Day Report 2019

Littler on

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more

Williams Mullen

PODCAST: Wellness Program Compliance Update

Williams Mullen on

In this episode of Williams Mullen's Benefits Companion, Brydon DeWitt and Claire Pollock discuss what employers need to know about the current status of EEOC wellness program regulations. [Speaker: Claire Pollock]...more

Spilman Thomas & Battle, PLLC

Back at Square One: The Questionable Status of Employer Wellness Plans

Sponsored wellness plans that include incentives to employees who voluntarily disclose personal health information as part of disability-related inquiries or medical examinations are in legal limbo after the EEOC removed the...more

Seyfarth Shaw LLP

Take Note: EEOC Vacates the Incentive Sections of its Final Wellness Regulations

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Seyfarth Synopsis: The EEOC has withdrawn the incentive provisions in its ADA and GINA wellness program regulations. The remaining provisions have less bite as a consequence, especially in the ADA context. But HIPAA wellness...more

Polsinelli

Employers: Be Mindful When Implementing Wellness Programs

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In October 2016, the American Association of Retired Persons (AARP) sought an injunction against the implementation of the Equal Employment Opportunity Commission’s (EEOC) final rules on wellness programs, alleging that the...more

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