Popular, Health Insurance, Wellness Programs

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

Husch Blackwell LLP on 8/6/2025

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

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

Fisher Phillips on 11/26/2024

A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

Open Enrollment for 2018: Don’t Forget about HIPAA!

Robinson+Cole Data Privacy + Security Insider on 10/26/2017

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

EEOC’s Wellness Program Rules in Doubt

Troutman Pepper Locke on 9/6/2017

Q. Are the EEOC’s Wellness Program rules still valid? A. The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

Time for a Wellness Check on your Wellness Program? New EEOC Regulations Could Diagnose Need for Change

Polsinelli on 7/12/2016

In light of new rules from the Equal Employment Opportunity Commission (EEOC), employers should examine their wellness programs now (and during open enrollment for next year) to determine the potential impact of the final...more

UPDATE – What's On the Horizon for Employer-Sponsored Wellness Programs and the EEOC in 2016?

Baker Donelson on 1/14/2016

In this December 18, 2015, article, we discussed employer-sponsored wellness programs and the EEOC's apparent apprehension of them. The article referenced the EEOC's lawsuit against plastics manufacturer Flambeau, Inc. in...more

New Affordable Care Act FAQs Provide Guidance on Preventive Services, Wellness Programs and Mental Health Parity

Proskauer - Employee Benefits & Executive... on 11/5/2015

On October 23, 2015, the Departments of Labor, Health and Human Services and Treasury (the “Agencies”) jointly released their twenty-ninth (XXIX) set of Frequently Asked Questions (FAQs) about Affordable Care Act (ACA)...more

Health Conscious? The EEOC Is Expanding Incentives for Employees’ Spouses

Foley & Lardner LLP on 11/4/2015

Employee wellness programs are frequently a source of ulcer-causing angst for employers, but the Equal Employment Opportunity Commission (EEOC) is making moves to treat some of the underlying issues. Late last week, the EEOC...more

EEOC Proposed GINA Regulations Permit Limited Wellness Plan Incentives In Exchange For Spousal Health Data

Miller Canfield on 11/2/2015

The Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) on October 30, 2015 to amend the federal regulations implementing Title II of the Genetic Information Nondiscrimination Act...more

Experts cite employee wellness programs as area of data privacy concern

Robinson+Cole Data Privacy + Security Insider on 10/16/2015

In an effort to curb rising healthcare costs, many employers have introduced wellness programs, which use assessments and motivators to improve employee health. Such programs collect information from various sources including...more

What's Next in Employee Wellness: Impact of the Affordable Care Act and New EEOC Initiatives

Spilman Thomas & Battle, PLLC on 6/5/2015

The Affordable Care Act provides employers with a road map on how to implement and administer employee wellness programs. Spilman attorneys Eric Kinder and Erin Jones Adams discuss the components of an effective wellness...more

Hey – That EEOC Wellness Rule Isn’t Half Bad

Constangy, Brooks, Smith & Prophete, LLP on 4/27/2015

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

Multiple Departments Issue Guidance on Wellness Programs

Stinson LLP on 4/23/2015

The Equal Employment Opportunity Commission (EEOC) made headlines during the second half of 2014 by attacking employers' wellness programs that require employees to undergo certain medical testing or be penalized....more

Getting with the (Wellness) Program: EEOC Proposes New ADA Regulations for Wellness Programs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2015

For some time, employers have faced uncertainty about the status of their wellness programs under the Americans with Disabilities Act (ADA). While the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and...more

Quirky Question #247, An Update on Wellness Programs

Dorsey & Whitney LLP on 12/4/2014

Question: Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be...more

Today's Popular Updates › Health Insurance › Wellness Programs

"My best business intelligence, in one easy email…"