You may have heard me say repeatedly that securing and maintaining the privacy of any employee health information wellness program professionals collect should be a priority. Employees care about the privacy of their information. Any doubt about a wellness program’s privacy and security capabilities can undermine an employee’s willingness to participate in the program.
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Because of the opioid epidemic, many workplace wellness programs may want to tackle substance abuse issues. This blog post addresses some of the legal issues associated with those efforts. Go to the blog post at https://www.welcoa.org/blog/substance-abuse-workplace-wellness/.
The FLSA and workers' compensation laws are implicated if wellness activities are part of an employee's work day.
Failing to comply with workplace wellness laws can lead to lawsuits and government scrutiny.
The long awaited text covering the rules that impact workplace wellness program is almost here. You can pre-order your copy now by filling out an order form, below:
The bill, HR 1313 and entitled “Preserving Employee Wellness Programs Act” acts to eviscerate much of the EEOC final Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) rules released last May. In a nutshell, the proposed law would relieve workplace wellness programs from complying with ADA and GINA rules. Instead, both group health plan workplace wellness programs as well as workplace wellness programs not offered in conjunction with a group health plan would only have to worry about complying with certain ACA incentive rules.
Briefly describes the changes in the GOP Repeal and Replace Bill released today.
Discusses the interplay between HIPAA privacy and ADA confidentiality requirements for employer wellness plans.
The Seventh Circuit Court of Appeals decides the EEOC v. Flambeau case is moot.
Read the latest WELCOA blog post regarding wellness program tax issues here.
This WELCOA blog post, written by the Center for Health & Wellness Law, explores the applicability of HIPAA privacy and security rules to workplace wellness programs.
Wellness portals must comply with ADA and GINA notice/authorization requirements. This blog post discusses the requirements and ways to comply.
The election of Donald Trump for President may mean some changes for workplace wellness compliance.
Read and listen to Barbara Zabawa's interview on WUWM regarding how the Trump administration may impact the ACA.
Tying Rewards to Spousal Participation: A Lesson in Navigating Legal Risk in Wellness Program Design
Read the blog post on the WELCOA website.
Since the EEOC issued the final rule under the Genetic Information and Nondiscrimination Act (GINA), there have been a number of questions relating to what is permissible with respect to rewarding employees for spousal participation in wellness programs. So, under the GINA rule, how can an employer wellness program tie an employee’s reward to his or her spouse’s participation, if at all? This blog post explores several examples.
Employer wellness programs should be issuing ADA notices to employees now if those programs are collecting health information now for rewards based on 2017 plans.
The Orion Energy court issued a decision on September 19, 2016 adopting the EEOC's position that the ADA safe harbor did not apply to Orion Energy's workplace wellness program and that the EEOC's final ADA rules were issued within its authority and were reasonable. Nevertheless, the court found Orion Energy's wellness program to be voluntary and in compliance with the ADA even though nonparticipants had to pay 100% of the cost of their health insurance premium.
Oral arguments in the EEOC v. Flambeau case reveal a possible jurisdictional problem with the case.
The expansion of the diabetes prevention program nationwide by 2018 could provide those who work in wellness coaching and education with another opportunity to deliver services.
Employees who ask for additional leave after they have exhausted their FMLA leave should have the opportunity to obtain that extra leave if it will help them return to work, absent any other issues such as performance issues.
The recent decision by the Federal Trade Commission (FTC) against LabMD is interesting on many levels. For wellness companies and others who may not be HIPAA Covered Entities or Business Associates, however, the case should serve as a wake-up call regarding the FTC's stance on the importance of data security.
There is sometimes confusion about the ADA and GINA notice and authorization requirements. This blog post tries to explain the difference and when they are needed.
In the spirit of keeping medical information disclosure to the minimum amount needed to meet the purpose of disclosure, a recent settlement with the EEOC highlights the need for employers and fitness-for-duty vendors to review the medical release forms for compliance.
There have been questions lately about completion of incentivized wellness activities “off the clock” and what, if any, Fair Labor Standards Act (FLSA) issues might arise. One sample question is whether a participatory biometric screen, HRA and coaching program that must be completed off the clock to earn a premium reduction violates any FLSA requirement. A recent Wisconsin case offers some insight.