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How to Make Your Wellness Programs Legally Compliant
- What is a wellness program?
- Do wellness programs make sense in addressing the rising costs of health care benefits?
- Privacy concerns of wellness programs
- HIPAA Requirements for wellness programs
- Wellness programs and the Americans with Disabilities Act
- The Genetic Information Nondiscrimination Act’s “Wellness” Exception
- ERISA preemption
- Taxability of wellness programs
- Potential lifestyle discrimination claims arising from wellness programs
Overview of the webinar
Americans are among the unhealthiest in the world and use the health care system more than any other country. Health care costs are at an all time high, and now companies are facing with the legal requirements of Obama-care. Statistically speaking, if individuals were healthier and did not use the health care system as much, our health care costs would be lower. Companies have for a number of years considered wellness programs as a way of encouraging their employees to live healthier lives which in turn would mean that they would not need to use the company’s group health insurance as often. It seems that every seemingly logical solution comes with significant legal risks – and wellness programs are no exception. And, the courts are just getting around to answering some of these thorny questions!
Who should attend?
- Human Resource Managers
- Benefits Specialists
Why should you attend?
What could be wrong with encouraging your employees to live a healthier lifestyle so that your company could save on the costs of its group health program? Such “encouragement” must be considered “voluntary” under many laws and what is truly “voluntary”? And, what right does an employer have to tell their employees how to live their lives anyway? Finally, given so many restrictions on how much information an employer can have on an employee’s health information, how can an employer determine if the employee is complying with the program so as to provide the awards offered under the program?
Faculty - Ms.Susan Fahey Desmond
Susan Fahey Desmond is a principal with Jackson Lewis PC. She has been representing management in all areas of labor and employment law for over 30 years. Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law.
Ms. Desmond specializes in the areas of labor and employment and civil litigation, including representing employers in Family and Medical Leave cases, discrimination claims and handling EEOC charges and other administrative complaints through the administrative and judicial process.