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Topic:
Is Your Wellness Program Healthy?
Date:
August 29, 2012 at 2:00 - 3:00 PM ETPresenters:
Jason Rothman, Attorney(Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)
Register for the Virtual Conference to obtain webcast schedule and registration access by clicking on the 'view event' button below.
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Description
Over the past several years, employers have turned to wellness programs to reduce health care costs and promote healthy lifestyles among employees. However, there are a number of legal compliance issues which come up when introducing such programs. In this presentation, Ogletree Deakins’ employee benefits attorney Jason Rothman will be discussing the important rules for employers to consider when designing and administering their wellness programs. These topics include the following:
• One of the key legal compliance areas for employers to consider is the Health Insurance Portability and Accountability Act of 1996, or “HIPAA”. Whether a participation-only program or a standards-based program, there are a number of design concerns under HIPAA that employers must understand when establishing and maintaining wellness programs. Jason will discuss these HIPAA requirements in detail. • Employers must take note of the Genetic Information Nondiscrimination Act of 2008, or “GINA”. The protections related to genetic information under GINA impacts how employers draft welfare program documents that request genetic information, especially enrollment forms and health risk assessments. • Employers need to be aware of the impact of the Americans with Disabilities Act of 1990 (“ADA”). Wellness programs, as far as the ADA is concerned, must be voluntary. Recent case law has provided at least some guidance on this voluntary standard. In addition, employers must design their programs to avoid a disability discrimination claim under the ADA. • There are other legal considerations as well. There will be a discussion of compliance issues under ERISA, PPACA, ADEA, Title VII, state law, collective bargaining and tax laws. The goal of this presentation is to provide human resources professionals the legal framework to consider as they implement and administer their wellness programs. |
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Who Should Participate
HR professionals
What You Will Learn
(1) The laws that impact wellness program design and administration.
(2) The incentives may or may not be used in a wellness program.
(3) The types of questions may or may not be asked in a health risk assessment.
Recommended Resources
N/A Communities
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Presented by
Event Sponsors
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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