Wellness Programs: EEOC Enforcement Actions and Complying with Federal and State Laws

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Does your wellness program adhere to federal and state laws? Make sure you’re not left behind with the latest regulations.

Federal laws impose a number of rules on wellness programs and those rules continue to evolve. Over the last several months, the EEOC has brought lawsuits against employers based on the design of their wellness programs alleging violations of the ADA and GINA. Not long before that, in June of 2013, the IRS, DOL and HHS issued new HIPAA nondiscrimination regulations governing wellness programs. These regulations make significant changes and clarifications to the prior regulations. While implementing the provision in health care reform allowing for greater incentives, the regulations also impose a number of new requirements on wellness program design. In addition to HIPAA, ERISA, the ADA, GINA, and the Internal Revenue Code also impose restrictions..

This ondemand webinar reviews new HIPAA nondiscrimination regulations, other regulatory developments, case law, and other developments, and requirements of wellness programs. This includes a review of the design and taxation of incentives, laws that prohibit discrimination based on health factors, and exceptions for certain wellness and supplemental plans.


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Over 28 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of Wellness Programs

  • Types of Wellness Programs
  • Tools

– Health Risk Assessments

– Biometrics; Disease Management

  • Goals

– Risk Identification; Behavioral Modification

– Reducing the Cost of Chronic Disease

  • Incentives

– Reduction in Health Insurance Premiums, Coinsurance or Co-pays

– Cash and Other Rewards

Legal Limitations

  • HIPAA – The Health Insurance Portability and Accountability Act

– HIPAA Nondiscrimination Regulations – New Regulations

– HIPAA Privacy and Security

  • ADA – The Americans With Disabilities Act

– Applicability to Wellness Programs

– Impact of Amendments Effective January 1, 2009

  • GINA – The Genetic Information Nondiscrimination Act

– EEOC, IRS, DOL and HHS Regulations

– Status of Regulations

  • ERISA – The Employee Retirement Income Security Act

– When Is a Wellness Program Subject to ERISA?; What Constitutes Medical Care

– Impact of Being Subject to ERISA?

  • Health Care Reform

– Health Care Reform Provisions on Wellness Programs

– Wellness Incentives and the Employer Shared Responsibility Fee

  • The Code – The Internal Revenue Code

– When Are Incentives Income Subject to Taxation?

– Exclusions From Income; De Minimis Rules

  • Other Federal Laws

– Title VII and ADEA

  • Laws

– State Tax Laws; Lawful Product Laws

– Other State Laws

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Why Lorman?

Over 28 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on April 24, 2015.

Call 1-866-352-9540 for further credit information.

  • CAC 0.5
     
  • This course has been reviewed and approved for inclusion in the Certificate of Accounting Compliance Program and qualifies for 0.5 credit. Please visit www.lorman.com/certification/cac for more information.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • HRPD 0.5
     
  • This course has been reviewed and approved for inclusion in the Human Resource Professional Development Certificate Program and qualifies for 0.5 credit. Please visit www.lorman.com/certification/hrpd for more information.
     
  • SHRM 1.25
     
  • This program has been approved for 1.3 PDCs toward SHRM certification hours. Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP.
     
  • CPE
     
  • This course will qualify for 1.5 live credit hours through the Alabama State Board of Public Accountancy.
     
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  • This program MAY QUALIFY for CPE credit through the Georgia State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
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  • This program MAY QUALIFY for self-study CPE credit through the Indiana State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
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  • CPE
     
  • This course is not pre-approved for CPE credit in your state however, it MAY QUALIFY. Please check the rules and requirements in your state for compliance.
     
  • CPE
     
  • This program MAY QUALIFY for CPE credit through the Maine State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
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  • This program MAY QUALIFY for CPE credit through the Michigan State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
  • CPE
     
  • This program MAY QUALIFY for CPE credit through the Missouri State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
  • CPE
     
  • This program MAY QUALIFY for self study CPE credit through the Montanta Board of Public Accountants.* *Please check the rules and requirements in your state for CPE compliance and calculate the amount of credit hours you can claim for self study courses.
     
  • CPE
     
  • This program MAY QUALIFY for CPE credit through the North Dakota State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
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  • This program MAY QUALIFY for CPE credit through the New Hampshire Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
  • CPE
     
  • This program MAY QUALIFY for CPE credit through the Nevada State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
  • CPE
     
  • This program MAY QUALIFY for CPE credit through the Accountancy Board of Ohio.* *Please check the rules and requirements in your state for CPE compliance.
     
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  • This program MAY QUALIFY for CPE credit through the Pennsylvania State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
  • CPE 1.5
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.5 hours of continuing professional education.
     
  • CPE
     
  • This program MAY QUALIFY for CPE credit through the Virginia State Board of Accountancy.* *Please check the rules and requirements in your state for CPE compliance.
     
  • CPE
     
  • This online course MAY QUALIFY for CPE credit in your state. **Please check the rules and requirements in your state for compliance.
     
  • CPE
     
  • This program MAY QUALIFY for CPE credit through the Wyoming Board of Certified Public Accountants.* *Please check the rules and requirements in your state for CPE compliance.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill the following requirements:

Audio & Reference Manual

  • CAC 0.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
  • HRPD 0.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • PA CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.
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Why Lorman?

Over 28 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Timothy D.S. Goodman

Timothy D.S. Goodman

Dorsey & Whitney LLP

  • Partner with the law firm of Dorsey & Whitney LLP
  • Advises employers on wellness programs and health plans, and on retirement plans and executive compensation
  • Advises employers on DOL, IRS and EEOC guidance on wellness programs, responding to benefit claims, answering questions regarding the extension of health coverage under COBRA and state law, and COBRA subsidies
  • Advises employers on severance, benefit matters related to reductions in force, retirement plan corrections and compliance, and deferred compensation
  • Focuses on hospital and health care employers, agricultural and cooperative employers, and tax-exempt employers
  • Former president of the Midwest Pension Conference and the Minneapolis Pension Council
  • Member of the American Bar Association’s Tax and Labor and Employment Sections, and the Minnesota State Bar Association’s Employee Benefits Section and Tax Section
  • Frequent speaker on health care reform, wellness, benefit and compensation topics
  • Can be contacted at 612-340-2825 or [email protected]
Mark J. Kinney

Mark J. Kinney

Kinney & Larson LLP

  • Founded The Kinney Firm in 2010, now Kinney & Larson LLP; former partner with Dorsey & Whitney LLP
  • 20 years of experience
  • Listed in Best Lawyers in America and Best Law Firms in America
  • Advises vendors of wellness programs, private exchanges, and health care IT services
  • Advises venture capital funds in the health care industry, third-party administrators, and health care purchasing coalitions
  • Expertise in ERISA, HIPAA, COBRA, GINA, the Affordable Care Act, and Internal Revenue Code provisions related to health and welfare benefits
  • Frequent speaker on Affordable Care Act implementation, wellness programs, and health and welfare benefit topics
  • Member of the Minnesota State Bar Association’s Employee Benefits Section
  • Can be contacted at 952-892-7022 or [email protected]
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