Discrimination, Health Insurance Portability and Accountability Act (HIPAA)

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Spilman Thomas & Battle, PLLC on 5/21/2024

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

What’s Next for Privacy at the FTC Following the Confirmation of Alvaro Bedoya

Perkins Coie on 5/20/2022

Alvaro Bedoya was sworn in as a commissioner of the U.S. Federal Trade Commission (FTC) on May 16, 2022. Bedoya is well known in privacy circles. He founded the Center on Privacy and Technology at Georgetown Law School, where...more

EEOC Proposes New Rules on Wellness Programs

McDermott Will & Emery on 1/18/2021

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

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on 2/5/2020

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...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 Rules in Doubt

Troutman Pepper 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

Court Directs EEOC to Reconsider Wellness Rules, Leaves Current Rules in Effect

Seyfarth Shaw LLP on 8/30/2017

On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...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

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

The EEOC's View of Wellness Programs

Troutman Pepper on 7/29/2016

The EEOC’s regulations allayed many concerns over the permissible level of incentives/penalties, as well as the challenge of dealing with inconsistent requirements under the various laws. Originally published in The HR...more

The Latest on Wellness Programs: EEOC Proposes Rule to Address Legal Hurdles Under the ADA

Maynard Nexsen on 5/19/2015

Wait a minute. You mean to tell me that, even if I follow the guidance issued under the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), in implementing a “legally-compliant” wellness program,...more

EEOC Disability Case Against Sony to Proceed, Federal Judge Orders

U.S. Equal Employment Opportunity Commission... on 9/9/2014

Judge Also Refuses to Admit Evidence Sony Collected in Violation of HIPAA - CHICAGO - U.S. District Judge James B. Zagel of the Northern District of Illinois has issued an order denying a motion by Sony for a pre-trial...more

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

Mintz - Employment, Labor & Benefits... on 6/9/2014

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

The Employment Law Authority - July/August 2013

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/14/2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The...more

Well, Well, Well…Employee Wellness Program Rules Update

Saul Ewing LLP on 7/2/2013

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

Final Regulations Issued On Incentives For Nondiscriminatory Wellness Programs In Group Health Plans

Stinson - Benefits Notes Blog on 6/24/2013

HIPAA nondiscrimination provisions prohibit group health plans and health insurance issuers from discriminating against individual participants and beneficiaries in eligibility, benefits, or premiums based on a health factor....more

A Check-Up for Wellness Programs–Final Wellness Regulations Issued

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/18/2013

Since 2006, the Health Insurance Portability and Accountability Act (HIPAA) has prohibited health plans from discriminating based upon an individual’s health status. Since many modern wellness programs are expressly designed...more

The Employment Law Authority - March/April 2013

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

Akerman LLP - HR Defense on 4/3/2013

Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: GINA

Womble Bond Dickinson on 2/6/2013

Background: GINA prohibits discrimination based on an individual’s genetic information in both the employment and health coverage contexts. In 2009, HHS published a notice of proposed rulemaking to strengthen the privacy...more

Smoking Discrimination

Gray Reed on 1/28/2013

Who does it apply to: All employers who have employees or prospective employees that smoke....more

Proposed Regulations Would Promote Growth of Wellness Programs

Sherman & Howard L.L.C. on 1/4/2013

Five federal agencies have collectively proposed regulations to implement elements of the Affordable Care Act ("ACA") healthcare reform legislation designed to encourage employers to sponsor employee wellness programs. The...more

Discrimination › Health Insurance Portability and Accountability Act (HIPAA)

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