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Is Your Wellness Program Healthy?

Topic:
Is Your Wellness Program Healthy?
Date:
August 29, 2012 at 2:00 - 3:00 PM ET
Presenters:
Jason Rothman, Attorney(Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)
webcastImgVirtual
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.
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
Benefits
Medical Benefits
Work-Life Programs and Employee Assistance Programs (EAPs)
Healthcare/Wellness
Employee Wellness
Benefits - Cost Containment, Audits and Legal Risks
Presented by
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Jason Rothman
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Event Sponsors
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
At Ogletree Deakins, we understand that clients have choices among labor and employment counsel. Why choose Ogletree Deakins? We represent employers. We represent employers of all sizes and across many industries, from small businesses to Fortune 50 companies. We offer distinguished labor and employment counsel. We are proud that our firm was named the “Law Firm of the Year” in both the Litigation – Labor & Employment and the Employment Law – Management categories in the 2013 U.S. News – Best Lawyers “Best Law Firms” rankings. We have more than 150 attorneys listed in the 2014 edition of Best Lawyers in America. Our lawyers have received many other accolades for their experience in labor and employment law. We provide coverage throughout the United States and also in Europe. We have more than 40 offices, located in 25 states, the District of Columbia, the U.S. Virgin Islands, and Europe. Our lawyers are admitted to practice in over 40 states and in three countries. We offer rates and rate structures that meet clients’ needs. We have representation agreements with major corporations based on alternative fee arrangements structured for their situations. We routinely offer tailored alternative fee arrangements to interested clients. We are committed to diversity. We believe our diverse group makes us better—as lawyers, and as people. Our lawyers are involved in numerous diverse bar associations and programs. We offer value added client service. We provide multiple seminar programs, briefings and webinars for our clients. We keep our clients updated with newsletters and e-alerts on new developments. We conduct client assessment surveys to assess and improve our performance. The Ogletree Way. We constantly strive for improvement in our internal processes, through such initiatives as Legal Lean Sigma training for key firm leaders and administrative staff, and development of best practices for efficiently and effectively handling employment litigation and discovery. Ogletree Deakins—Employers and Lawyers, Working Together
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