Tag Archives: Wellness Programs

EEOC Weighs in on the Impact of the ADA and GINA On Employer-Sponsored Wellness Programs

On Monday, May 16 the Equal Employment Opportunity Commission (“EEOC”) issued two final regulations providing guidance on how employer-sponsored wellness programs work with the general antidiscrimination requirements of Title I of the Americans with Disabilities Act (“ADA”) and Title II […]

Posted in Health Plans, Legal Updates, Plan Administration and Compliance | Tagged , , , | Leave a comment

New IRS Memo Confirms Tax Treatment of Wellness Programs & Incentives

In a recently released IRS Chief Counsel Memo, the IRS confirmed that wellness incentives are generally taxable. The memo also, indirectly, confirmed the tax treatment of wellness programs more generally. As to the incentives, the IRS held that a cash […]

Posted in Health Plans, Legal Updates, Plan Administration and Compliance, Welfare Plans | Tagged , , | Leave a comment

EEOC Takes Aim at Erroneous Application of ADA “Safe Harbor” to Wellness Programs

In its preamble to the final regulations under the Americans with Disabilities Act (“ADA”) published May 17, 2016, which will be the topic of an upcoming blog post, the Equal Employment Opportunity Commission (“EEOC”) once again reiterated its disagreement with […]

Posted in Health Plans, Legal Updates, Plan Administration and Compliance | Tagged , , , , | Leave a comment

EEOC Faces Another Defeat in its War Against Wellness Programs

The U.S. Equal Employment Opportunity Commission (“EEOC”) has steadfastly maintained that any wellness program that is not voluntary violates the Americans With Disabilities Act (“ADA”). In 2014, the Chicago District Office of the EEOC filed lawsuits against Orion Energy Systems, […]

Posted in Health Plans, Legal Updates, Plan Administration and Compliance | Tagged , , | Leave a comment

Scratch & Sniff the New Health Plan FAQs

Last month the U.S. Departments of Labor, Health and Human Services and Treasury published FAQs offering a veritable potpourri of guidance addressing preventive services, wellness programs and mental health parity.  Some potpourris offer a pleasing aroma – other not so […]

Posted in Health Care Reform, Health Plans, Legal Updates, Plan Administration and Compliance | Tagged , , , , , , , | Leave a comment

EEOC Finally Lets the Wellness Cat Out of the Bag

On April 16, the Equal Employment Opportunity Commission (the “EEOC”) finally gave a peek into its thinking about what constitutes a “voluntary” wellness program under the Americans with Disabilities Act (the “ADA”). Recall that, while there are extensive wellness rules […]

Posted in Health Plans, Legal Updates, Welfare Plans | Tagged , , , , | Leave a comment

EEOC Continues its Rampage Against Wellness

This week, the EEOC filed its third, and perhaps most significant, complaint in a wellness-related case.  The complaint alleges that the wellness program, which involved biometric screening and a surcharge for tobacco users, violates the Americans with Disabilities Act (ADA) […]

Posted in Commentary/Opinions/Views, Health Plans, Plan Administration and Compliance | Tagged , , , | Leave a comment

The Latest and Greatest ACA FAQs

Last week, the Departments of Labor, HHS and Treasury issued their 18th set of FAQs intended to answer a smattering of questions regarding the implementation of ACA.  Issues addressed in those FAQs include, among other things: Risk-Reducing Breast Cancer Drugs […]

Posted in Health Care Reform, Health Plans, Legal Updates, Plan Administration and Compliance | Tagged , , , , , , , , , , , , | Leave a comment

The Final (And Not Interim Final) Regulations on Wellness Programs

While the EEOC continued to grapple with what level of financial incentives is acceptable under nondiscrimination laws (e.g., GINA and ADA), the DOL, HHS and Treasury (the “Departments”) issued final regulations addressing incentives for nondiscriminatory wellness programs in group health […]

Posted in Health Care Reform, Health Plans, Legal Updates | Tagged , , , , , | Leave a comment

Affordability Calculation Undermines Wellness Programs Beginning in 2015

The Affordable Care Act requires that employers offer affordable health care coverage to full-time employee beginning January 1, 2014 (or pay a penalty).  Coverage is affordable if the employee’s contribution toward self-only coverage does not exceed 9.5% of his or […]

Posted in Health Care Reform, Health Plans, Welfare Plans | Tagged , , , , , , , | Leave a comment