News & Analysis as of

Wellness Programs Compliance

Ward and Smith, P.A.

Employer Wellness Programs – Legal Landscape of Staying Compliant

Ward and Smith, P.A. on

In recent years, such programs have become increasingly popular, offering benefits to both employees and employers. However, when not structured properly, wellness programs can create various legal risks. Ensuring compliance...more

Epstein Becker & Green

What Health Care Lawyers and Professionals Need to Know About Emerging Employee Benefit Issues

“ERISA, you’ll need a lawyer for that.” Our practice group’s tagline is meant to be a shorthand for the alphabet soup of laws that apply to employee benefits, including the Employee Retirement Income Security Act (ERISA)....more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

Warner Norcross + Judd on

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

Holland & Knight LLP

Understanding the Recent Wave of Litigation Targeting Tobacco-Free Wellness Programs

Holland & Knight LLP on

The Employee Retirement Income Security Act (ERISA) prohibits employers who offer health and welfare benefit plans from discriminating against plan participants on the basis of a health status-related factor, such as a...more

Snell & Wilmer

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

Snell & Wilmer on

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

King & Spalding

Is Illinois’ GIPA the Next BIPA?

King & Spalding on

Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more

Mitratech Holdings, Inc

How HR Technology Drives Organizational Success

Mitratech Holdings, Inc on

Ask any long-time HR professional what the most significant change of the last few years has been, and they’ll all tell you the same things: the use of HR technology and the investment in human capital. The two are...more

BakerHostetler

AD-ttorneys@law - October 2023

BakerHostetler on

Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

McDermott Will & Schulte

EEOC Proposes New Rules on Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more

Stinson - Benefits Notes Blog

Multiple Departments Issue Guidance on Wellness Programs

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. In three...more

Littler

EEOC Issues Long-Awaited Proposed Rule on Employer Wellness Programs

Littler on

On April 18, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule on the treatment of employer wellness programs under the Americans with Disabilities Act (ADA). The proposed rule amends the ADA...more

Mintz - Employment, Labor & Benefits...

The Affordable Care Act—Countdown to Compliance for Employers, Week 29: Wellness Programs, Smoking Cessation and e-Cigarettes

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) generally prohibits discrimination in eligibility, benefits, or premiums based on a health factor, except in the case of certain wellness programs. Final...more

Davis Wright Tremaine LLP

Does Your Wellness Plan Need a (Legal) Check-Up?

Wellness plans must comply with complex final regulations that were issued last year by the Departments of Labor, Health and Human Services, and the Treasury (collectively, the “Departments”). To help plans from falling off...more

Troutman Pepper

Carrot Or Stick? When Does A Voluntary Wellness Program Become Involuntary?

Troutman Pepper on

Employer wellness programs, which are designed to stem rising health care costs by encouraging healthy behaviors among employees, are rising in popularity. Such programs will receive another boost when certain provisions of...more

Saul Ewing LLP

Well, Well, Well…Employee Wellness Program Rules Update

Saul Ewing LLP on

The Departments of Treasury, Labor and Health and Human Services jointly issued final regulations on June 3, 2013 addressing wellness programs under the Affordable Care Act (the “ACA”) and the HIPAA non-discrimination rules. ...more

McNees Wallace & Nurick LLC

Healthcare Reform White Paper: Countdown To 2014

Although the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) is now over three years old, the Act’s core requirements will not take effect until 2014....more

Bradley Arant Boult Cummings LLP

Final Rules on Wellness Programs under the Affordable Care Act

Plan sponsors should review wellness programs for compliance with recently issued final rules, which among other things increase the maximum permissible award for certain wellness programs. On May 29, the Internal Revenue...more

Winstead PC

Healthcare Reform Compliance: Checklist of Next Steps

Winstead PC on

It is impossible to ignore. Healthcare reform under the Affordable Care Act is on the minds, agendas and budgets of all employers, and now is the time for employers to review their health programs to address compliance with...more

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