BAS Blog


 

HIPAA and Wellness Programs

The government recently released guidance for employers to use when structuring wellness programs. See our prior articles on wellness programs here. One additional item employers will have to consider when implementing a wellness initiative is the application of HIPAA privacy and security rules. 

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EEOC Weighs in on Employer Wellness Plans

Last week, the Equal Employment Opportunity Commission (EEOC) issued proposed rules describing how employer wellness programs can be structured to satisfy the Americans with Disabilities Act. Wellness programs with disability-related questions and/or medical examinations must not run afoul of the ADA. 

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Affordable Care Act and Wellness Program Exception

The United States Department of Labor, Health and Human Services and Treasury issued two Frequently Asked Questions (FAQs) on implementation of the Affordable Care Act. These FAQs address how wellness programs can comply with health care reform. 

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EEOC Challenges Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against employers arguing that the employer wellness programs violate the Americans with Disabilities Act (ADA). 

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Wellness Programs

Many employers look to wellness programs in an effort to contain costs.  Healthy employees tend to be productive employees, and require less time off for illness and injury.  Healthy employees can also save an employer in health care expenditures. 

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Wellness Programs Under Health Care Reform

Many employers are implementing wellness programs for their employees as health care reform has made wellness programs more desirable.

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Wellness Program Guidance Issued

As discussed in prior News to Use articles, many employers implement wellness programs to increase worker productivity and decrease health care costs. The Departments of Labor, Treasury and Health and Human Services issued final regulations addressing wellness programs under health care reform.

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Employers Implement Wellness Programs

More and more employers are implementing wellness programs in an attempt to contain health care costs. CVS Caremark has recently made headlines for requiring all of its employees to undergo a health screening or pay an additional $50 per month for health coverage.

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Guidance on Wellness Programs in Group Health Plans

The government recently released new guidance in the form of proposed regulations addressing when a wellness program will be considered discriminatory. Wellness programs included in an employer health plan cannot discriminate on the basis of an adverse health factor. The new rules will apply to plan years beginning on or after January 1, 2014.

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Wellness Program's ADA Implications

The U.S. Court of Appeals for the 11th Circuit recently held in Seff v. Broward County that a wellness program complied with the Americans with Disability Act (ADA) safe harbor provisions.

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