News & Analysis as of

Employer Group Health Plans Department of Health and Human Services (HHS) Wellness Programs

Snell & Wilmer

2023 End-of-Year Plan Sponsor “To Do” Lists (Part 1) Health and Welfare

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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 Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

Bradley Arant Boult Cummings LLP

Departments Issue Guidance on Preventive Services under the ACA Following the Braidwood Decision

In light of the March 30 Braidwood Mgmt. Inc. v. Becerra decision, the Department of Labor, Department of Health and Human Services, and Department of the Treasury (the “departments”) have issued FAQ guidance on how the...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

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

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

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

McCarter & English, LLP

Health Law Insights Newsletter - Issue 13

McCarter & English, LLP on

McCarter & English, LLP’s Health Care Group presents Issue 13 of the Health Law Insights, which discusses the latest legal issues in the health care industry. - Failure to Update Business Associate Agreement Results in...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

Winstead PC

New ADA and GINA Wellness Regulation Changes Complicate Wellness Program Compliance Analysis and Risks

Winstead PC on

Wellness programs should all be reviewed considering the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) regulatory changes because noncompliance with the new requirements do...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

McGuireWoods LLP

New FAQs on Preventive Services, Wellness Program Rewards and Mental Health and Substance Use Treatment: McGuireWoods Healthcare...

McGuireWoods LLP on

This is the 54th in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...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

McDermott Will & Emery

Recent Government-Issued FAQs Cause Plan Sponsors to Clarify Preventive Care and Wellness in Health Plan Communications

McDermott Will & Emery on

On October 23, 2015, the U.S. Departments of Labor (DOL), Health and Human Services (HHS), and Treasury issued frequently asked questions (FAQs) on the implementation of preventive care and wellness provisions of the...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.

New Affordable Care Act FAQs Issued

Franczek P.C. on

On October 23, the U.S. Department of Labor, the Department of Health and Human Services, and the Department of the Treasury (collectively, the “Departments”) jointly issued answers to frequently asked questions regarding the...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

Robinson & Cole LLP

HHS releases HIPAA guidance on workplace wellness programs

Robinson & Cole LLP on

The Department of Health and Human Services (HHS) recently issued guidance on “HIPAA Privacy and Security and Workplace Wellness Programs.” The guidance helps employers determine whether or not the health information it may...more

Snell & Wilmer

Final Wellness Rules May Require Review of Existing Wellness Programs

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Final wellness regulations were issued by the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) on June 3, 2013 and apply to employer-sponsored group health plans for plan years beginning on or...more

Poyner Spruill LLP

Proposed Affordable Care Act Regulations are Designed

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With the conclusion of the 2012 elections, federal agencies now are releasing proposed regulations crucial to the implementation of the Patient Protection and Affordable Care Act (the Affordable Care Act). On Tuesday,...more

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