New EEOC Regulations And More: Is Your Wellness Program Ready for 2017?
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The EEOC has brought several enforcement actions against employers based on their wellness plans. In addition, the DOL has increased its enforcement and review of wellness plans.
On May 17, 2016, the EEOC issued final regulations on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). These rules are similar to, but not entirely consistent with, comprehensive rules on wellness programs that were issued in June of 2013 by the IRS, DOL and HHS under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
This webinar reviews the EEOC and DOL enforcement actions and regulatory developments. It also provides an overview of the statutes, case law, and other requirements of wellness plans.
We will attempt to reconcile differences in the regulations under the ADA, GINA and HIPAA, with the goal of identifying changes that should be implemented no later than plan years beginning on January 1, 2017. This information is a must for those who advise employers on wellness plans and policies designed to promote a healthier workplace.
Overview of Wellness Plans
Legal Limitations and Enforcement Risks
- Types of Wellness Plans
- Health Risk Assessments
- Disease Management
- Risk Identification
- Behavioral Modification
- Reducing the Cost of Chronic Disease
- Reduction in Health Insurance Premiums, Coinsurance or Copays
- Other Rewards
About The Presenters
- ADA the Americans With Disabilities Act
- GINA the Genetic Information Nondiscrimination Act
- HIPAA the Health Insurance Portability and Accountability Act
- GINA the Genetic Information Nondiscrimination Act
- ERISA the Employee Retirement Income Security Act
- The Code the Internal Revenue Code
- Additional Compliance Points
- Other Federal Laws
Timothy D.S. Goodman
Mark J. Kinney
- 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
- Founded The Kinney Firm in 2010, now Kinney & Larson LLP; former partner with Dorsey & Whitney LLP and Lindquist & Vennum PLLP
- 23 years’ experience advising employers and health care industry vendors on health and welfare benefits
- Listed in Best Lawyers in America and Best Law Firms in America
- Clients include wellness program vendors, venture capital funds in the health care industry, national banks serving as HSA custodians, third party administrators of health care services, health care purchasing coalitions, health care plans and employers
- Knowledge base includes ACA, ERISA, HIPAA, COBRA, GINA, ADA 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
Cannot Attend The Live Presentation?
This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.
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