Affordable Care Act, Incentives

Guidance Clarifies HIPAA Hurdle Regarding Group Health Plan Premium Vaccination Incentive Programs

Bond Schoeneck & King PLLC on 10/15/2021

As the open enrollment period for many employers draws near, the U.S. Departments of Labor, Health and Human Services, and Treasury issued joint agency guidance in the form of frequently asked questions (FAQs) addressing,...more

COVID-19 Vaccination Incentives: Restrictions that Come with Rewards

Ballard Spahr LLP on 10/6/2021

Summary - A set of Frequently Answered Questions addresses several issues of vital interest to employers in assessing the connection between COVID-19 vaccinations and their health plans....more

COVID-19 Vaccination Incentives and Surcharges OK’d in Group Health Plan Guidance

McGuireWoods LLP on 10/6/2021

On Oct. 4, 2021, the U.S. Departments of Labor, Health and Human Services, and Treasury (collectively, the departments) released guidance (FAQs) concerning application of the HIPAA nondiscrimination and Affordable Care Act...more

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on 6/2/2021

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Lawmakers Seek Clarity On EEOC Regulations Concerning Incentives For COVID-19 Vaccinations

Jackson Lewis P.C. on 4/12/2021

Providing incentives for employees to get the COVID-19 vaccine continues to be on the minds of organizations as vaccinations pick up speed. However, concerns about privacy and the shifting positions on wellness program...more

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

Laner Muchin, Ltd. on 8/19/2019

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

What Now for Wellness?

Foley & Lardner LLP on 5/8/2018

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

Federal Court Nixes EEOC's Wellness Rules But Delays Effective Date

Parker Poe Adams & Bernstein LLP on 1/8/2018

In 2015, the Equal Employment Opportunity Commission adopted regulations that limit the amount of incentives employers can provide employees to participate in wellness programs under the companies’ group medical insurance...more

Back to the Drawing Board for EEOC Wellness Program Rules

Genova Burns LLC on 9/18/2017

On August 22 the U.S. District Court in D.C. granted summary judgment to the AARP which challenged the EEOC’s rules governing employer wellness programs. The rules allow an employer to offer or impose on an employee financial...more

Workplace Wellness Program Incentives Under Fire - Again

Pierce Atwood LLP on 9/6/2017

For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

Epstein Becker & Green on 8/28/2017

On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more

Judge Orders EEOC to Reevaluate Wellness Program Regulations

Ballard Spahr LLP on 8/24/2017

A federal judge ruled on Tuesday that the Equal Employment Opportunity Commission (EEOC) must revisit regulations governing employee wellness programs because the agency did not provide adequate supporting information for the...more

EEOC Must Reconsider its Wellness Regulations

Littler on 8/24/2017

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Court Throws Monkey Wrench Into Wellness Programs

Proskauer - Employee Benefits & Executive... on 8/23/2017

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

AARP Files Suit to Block the EEOC’s Final Rules on Employee Wellness Programs

Proskauer - Employee Benefits & Executive... on 10/27/2016

As we have previously discussed in detail in several blogs (New EEOC Regulations Provide Roadmap for Wellness Programs; EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA; and...more

District Court Decision Upholds Employer’s Wellness Program But Signals Support for EEOC Positions Going Forward

Proskauer - Employee Benefits & Executive... on 9/27/2016

In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the Americans with Disabilities Act (“ADA”). Although the court upheld the...more

Employer Wellness Programs: ADA, ACA, and HIPAA Compliance

Zelle LLP on 7/11/2016

Employer wellness programs are a subject of much interest to employers and receive considerable scrutiny from the EEOC and Department of Labor. Employers want to lower their health care costs by improving the health of...more

The ERISA Litigation Newsletter - June 2016

Proskauer Rose LLP on 7/1/2016

Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more

EEOC Offers Guidance On Employee Wellness Program Notices Required Under New Rules

Benesch on 6/28/2016

On the heels of at least two discrimination lawsuits over employer wellness programs, the Equal Employment Opportunity Commission (EEOC) issued two new rules on May 17, 2016 under the Americans with Disabilities Act (ADA) and...more

Practical Steps for Employers Responding to the EEOC’s Final Rules on Employee Wellness Programs

Latham & Watkins LLP on 6/8/2016

An employer may offer financial incentives to its employees for participating in employee wellness programs that receive health-related information, subject to certain limits. On May 16, 2016, the U.S. Equal Employment...more

EEOC Issues Final Rules Regarding Workplace Wellness Programs To Better Align HIPAA's Employee Wellness Program Goals And EEOC's...

Laner Muchin, Ltd. on 6/8/2016

The Equal Employment Opportunity Commission (EEOC) issued two final rules regarding employer-sponsored wellness programs. The issue arose at the intersection of the Health Insurance Portability and Accountability Act (HIPAA),...more

EEOC's Final Wellness Rule: What is Permitted?

Pierce Atwood LLP on 6/7/2016

Please see Infographic below for more information. ...more

EEOC Releases Final Wellness Program Regulations Related to the Genetic Information Nondiscrimination Act and the Americans with...

McDermott Will & Emery on 6/3/2016

In Depth - The US Equal Employment Opportunity Commission (EEOC) recently released final wellness plan regulations providing guidance on how employer wellness programs may comply with Title I of the Americans with...more

New EEOC Regulations Provide Roadmap for Wellness Programs

Proskauer - Employee Benefits & Executive... on 6/2/2016

For large employers, the quest to reduce the cost of medical benefits relies in part on helping employees get healthier. Enter the “wellness program,” where employers offer incentives to employees and their families to be...more

Well Then…The EEOC’s Last Word on Wellness Programs

Miles & Stockbridge P.C. on 5/26/2016

On May 17, 2016, the EEOC issued final regulations on employer-sponsored wellness programs under both the ADA and GINA. Wellness programs have been discussed on this blog before, so I’ll skip the backgrounder. Suffice it to...more

Patient Protection and Affordable Care Act (PPACA) › Incentives

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