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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. Review 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.

Runtime: 88 minutes
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Why Lorman?

Over 32 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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Why Lorman?

Over 32 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 11, 2019.

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

  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • 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
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • 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
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 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

Amy M. Gordon

Amy M. Gordon

Winston & Strawn LLP

  • Partner in the Chicago office of Winston & Strawn LLP
  • Regularly advises clients on their self-funded and insured health plans, wellness programs, and on-site clinics; also works with service providers to structure these products for their plan customers
  • Handles fiduciary issues, including prohibited transactions and other ERISA Title I matters and represents clients before the U.S. Department of Labor and Employee Benefits Security Administration
  • Assists on-shore and off-shore investment funds in structuring their products to comply with the plan asset rules, or to avoid plan asset fund status; she is knowledgeable and provides guidance to master and feeder funds, VCOCs, and REOCs
  • Assists clients and service providers in designing and maintaining compliant flexible benefit, life, medical, dental, pharmacy, employee assistance programs (EAP), educational assistance, disability, supplemental health, severance, health savings accounts (HSAs), health reimbursement accounts (HRAs), and other types of voluntary or ERISA covered welfare plans
  • Consults with clients regarding the design of their plans, direct provider contracting options, and assists with compliance of wellness programs and initiatives; she has extensive experience with assisting clients who transition their employees and/or retirees to the public and private Marketplace Exchanges
  • J.D. degree, Hofstra University; B.S. degree, Penn State University
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Why Lorman?

Over 32 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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Product ID: 404400
Published 2019
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