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

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 audio and manual package 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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Why Lorman?

Over 29 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 Copays
    • 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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Over 29 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.

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Audio & Reference Manual

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Why Lorman?

Over 29 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 all aspects of employee benefits
  • Advises employers on DOL, IRS and EEOC guidance on wellness plans, Affordable Care Act questions, and other health and welfare matters
  • 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, and 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
  • 22 years’ experience
  • Listed in Best Lawyers in America and Best Law Firms in America
  • Advises vendors of wellness plans and employers considering wellness plans
  • Advises venture capital funds in the health care industry, third party administrators, health care purchasing coalitions, and health care plans
  • 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 plans, 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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Product ID: 396019
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