News & Analysis as of

Wellness Programs Department of Health and Human Services (HHS) Equal Employment Opportunity Commission (EEOC)

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

Holland & Hart - Employers' Lawyers

EEOC’s New Stand on Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission unveiled two Notices of Proposed Rulemaking regarding what employers can do to encourage workers to participate in corporate wellness programs without violating...more

Snell & Wilmer

2017 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

Snell & Wilmer on

As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover...more

Ballard Spahr LLP

Health Care Reform in Transition While Congress Deliberates

Ballard Spahr LLP on

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

McDermott Will & Emery

Legal Update on Select Health and Welfare Plan Issues

McDermott Will & Emery on

In a presentation to the Silicon Valley Employers Forum, Susan M. Nash discussed recent updates to select health and welfare plans while outlining some potential issues. The agenda included changes to exchange notices,...more

Dechert LLP

EEOC, DOL, HHS and IRS Weigh-In on Employer-Sponsored Wellness Programs – Is Your Program Compliant?

Dechert LLP on

Wellness programs are trending in the U.S., especially with employers looking for ways to encourage and promote healthy lifestyles for their employees and to reduce the cost of their self-insured group health plan. Regardless...more

Alston & Bird

Navigating the Winding Highway of Wellness Program Compliance - Part I: A GPS for the EEOC’s Wellness Program Rules

Alston & Bird on

The road to health plan compliance has never been straight and narrow, but it has become more winding over the years, due in large part to the Affordable Care Act (ACA). The road to compliance just became even more difficult...more

Zelle  LLP

Employer Wellness Programs: ADA, ACA, and HIPAA Compliance

Zelle LLP on

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

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2016

Proskauer Rose LLP on

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

Littler

EEOC Issues Final Rules on Wellness Programs

Littler on

On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued final regulations governing the treatment of wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Alston & Bird

A&B Healthcare Week in Review

Alston & Bird on

I. REGULATIONS, NOTICES, & GUIDANCE - On March 29, 2016, Centers for Medicare & Medicaid Services (CMS) issued a final rule entitled, “Medicaid and Children’s Health Insurance Programs: Mental Health Parity and...more

Proskauer - Employee Benefits & Executive...

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

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

Balch & Bingham LLP

“Make It a Triple”: EEOC Supersizes Wellness Program Rules, Again

Balch & Bingham LLP on

In June 2013, DOL, HHS and IRS explained that they view employer-sponsored wellness programs as narrow exceptions to the ACA’s health status discrimination prohibition. Early this year, the EEOC slathered-on its own rules,...more

Franczek P.C.

EEOC Issues Proposed Rule on Wellness Programs and GINA

Franczek P.C. on

The Equal Employment Opportunity Commission (EEOC) has issued a proposed rule amending prior regulations under the Genetic Information Nondiscrimination Act of 2008 (GINA) to address incentives in workplace wellness programs....more

Blank Rome LLP

EEOC Proposes Regulatory Clarification on the Application of the ADA to Employer Wellness Program Incentives

Blank Rome LLP on

Action Item: Employers who already have, or are considering implementing, wellness programs that involve cost-sharing reductions or other financial incentives for participants should carefully review their programs given the...more

Dorsey & Whitney LLP

Wellness Watch: Guidance Is (Almost) Here

Dorsey & Whitney LLP on

In December 2014, we highlighted the challenges that employers have been facing in ensuring that their wellness programs are not in violation of the Americans with Disabilities Act (ADA), the Genetic Information...more

Manatt, Phelps & Phillips, LLP

Employment Law - November 2014

State Voters Pass Paid Sick Leave, Wage Increases - Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more

McCarter & English, LLP

Workplace Wellness Programs

McCarter & English, LLP on

Recognizing that unhealthy lifestyles affect people of all ages, including those in the workforce, employers are using legally sanctioned incentives in an attempt to change behavior toward better and healthier choices through...more

Pillsbury Winthrop Shaw Pittman LLP

Final Wellness Regulations Create New Program Categories and Complications

The Departments of Labor, Treasury and Health and Human Services (the “Departments”) recently published final Affordable Care Act (“ACA”) regulations on wellness programs, effective in 2014. The regulations retain the...more

Dickinson Wright

Final Regulations Issued On Nondiscriminatory Wellness Programs – New Rules For Outcome-Based Programs

Dickinson Wright on

On May 29, 2013, the Departments of Labor, Treasury and Health and Human Services released final regulations on nondiscriminatory wellness programs in group health plan coverage. The regulations largely follow the proposed...more

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