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Vaccinations Wellness Programs

Jackson Walker

Labor & Employment Symposium - Topics: Remote Work; Handling Leaves of Absence; Vaccination Incentives Under Wellness Programs

Jackson Walker on

Jackson Walker attorneys Michael Drab and Jackie Staple, along with Ed Fensholt, from Lockton Dunning Benefits, discuss current labor and employment law topics that might impact you and your company. Topics: Remote Work:...more

McDermott Will & Emery

Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives

McDermott Will & Emery on

On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services (the Tri-Agencies) issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness...more

Holland & Hart - Employers' Lawyers

Employers Consider Raising Premiums for Unvaccinated Workers

Employers are impacted in many ways by the COVID-19 pandemic, not the least of which are employee health and safety. For the last several months, employers have used mostly soft-sell approaches to encourage their employees to...more

Foley & Lardner LLP

“How To” Guide for Health Plan Premium Incentives for the COVID-19 Vaccine

Foley & Lardner LLP on

Health plan wellness programs may generally include a health plan premium incentive discount for those who have received the COVID-19 vaccine(s) or, alternatively, a premium surcharge for those who are not vaccinated....more

Laner Muchin, Ltd.

Federal Regulators Clarify the Application of HIPAA Privacy and Nondiscrimination Rules to COVID-19 Vaccines in the Workplace

Laner Muchin, Ltd. on

On September 30, 2021, the Department of Health and Human Services (HHS) issued FAQs addressing how the HIPAA Privacy Rule applies to individuals’ disclosures of their COVID-19 vaccination status in the workplace and health...more

Parker Poe Adams & Bernstein LLP

Federal Agencies Issue FAQ on Health Plan Premium Discounts for COVID-19 Vaccinations

The federal Centers for Medicare & Medicaid Services (CMS) issued a set of Frequently Asked Questions about the interaction of HIPAA, the Affordable Care Act, and various group health plan issues relating to the COVID-19...more

Smith Anderson

New Guidance for Employers on COVID-19 Vaccine Coverage and Incentives

Smith Anderson on

Employers who sponsor group health plans will be interested in new guidance released last week by the DOL, IRS and HHS in the form of five COVID-19 related FAQs. Two of the FAQs address group health plan coverage requirements...more

Maynard Nexsen

Department of Labor Responds to COVID-Related Medical Premium Discounts and Surcharges

Maynard Nexsen on

Over the past few months, many employers have announced plans to encourage COVID-19 vaccination among their workforce by implementing either medical premium discounts for the vaccinated or surcharges for the unvaccinated. ...more

Groom Law Group, Chartered

New Tri-Agency Guidance on COVID-19 Vaccine-Related Premium Surcharges/Discounts

With rising rates of COVID-19 cases in the past few months, employers have been increasingly interested in exploring incentives designed to increase COVID-19 vaccination rates among employees. One idea that has been gaining...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

Laner Muchin, Ltd.

What Employers Need to Consider When Implementing Vaccine Incentives or Surcharges Through a Wellness Program

Laner Muchin, Ltd. on

When the vaccines became widely available this past spring, employers contemplated offering incentives such as cash payments, extra paid time off and discounts on health insurance premiums to entice employees to get...more

Mintz - Employment Viewpoints

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

Nelson Mullins Riley & Scarborough LLP

Utilizing Wellness Programs to Incentivize COVID-19 Vaccinations

Delta Airlines made headlines this month by announcing that it will charge employees on its group health plan a $200 surcharge for failure to receive the COVID-19 vaccination. Although there is potential for conflict with a...more

Fisher Phillips

6 Employer Questions to Answer Before Imposing a Surcharge on Unvaccinated Workers

Fisher Phillips on

Many employers are struggling to increase COVID-19 vaccination rates among their workforce, concerned not only about both the safety of the workforce but also the costs of COVID-19 treatment that could be avoided through...more

Jackson Walker

Vaccination Incentives as Wellness Programs – Getting Back to Business Incentives

Jackson Walker on

Employers wanting to encourage employees to get vaccinated can phrase vaccination incentives as a wellness incentive program so that it is part of an outcome-based wellness program, which may include other wellness programs...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

Seyfarth Shaw LLP

Anti-Vax Tax Facts: Legal Considerations for Premium Differentials Based on Vaccination Status

Seyfarth Shaw LLP on

Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine....more

Jackson Lewis P.C.

Health Plan Premium Surcharges For Those Not Vaccinated For COVID-19?

Jackson Lewis P.C. on

According to Forbes.com, more employers are considering imposing a premium surcharge on employees participating in the company’s health plan who are not vaccinated for COVID-19. Whether positioned as rewards or penalties,...more

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

EEOC Roundup, Part III: 7 EEOC Policy Topics for Employers to Keep on the Radar in 2021 and Beyond

Our previous articles in this spotlight series on the U.S. Equal Employment Opportunity Commission (EEOC) highlighted the agency’s enforcement and litigation metrics and political composition of the Commission - matters that...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

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

Miles & Stockbridge P.C.

Employers Give It A “Shot” - How the Covid-19 Vaccine May Impact the Workplace: Part 2: Can You Offer Employees Incentives for...

There’s a legal answer and a practical one. Because we’re lawyers, let’s start with the legal answer. Yes, an employer can offer employees incentives to get vaccinated....more

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

Vaccine Incentives - You Have Questions, We Have Answers

More than a year into the COVID-19 pandemic, employers are happy to be more focused on vaccine issues than on issues relating to furloughs and layoffs. As record numbers of vaccinations take place daily, many employers...more

Akerman LLP - HR Defense

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Snell & Wilmer

Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives

Snell & Wilmer on

Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act...more

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