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Welcome to the Snell & Wilmer Benefits Blog. We will be posting about current employee benefits and executive compensation topics and issues. We invite you to contact the authors with your thoughts or questions.Blog Contributors
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Wellness Program Incentives – New Year, New EEOC Proposed Rules
For years we have been trying to understand how the EEOC regulates wellness programs. Although we still do not have a complete picture, we are getting closer with the EEOC’s new Notices of Proposed Rulemaking on wellness programs under the … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ADA, EEOC, medical, regulations, wellness, wellness program
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EEOC Removes 30% Incentive Safe Harbor from Wellness Program Regulations
The Equal Employment Opportunity Commission (the “EEOC”) issued final rules, published in the Federal Register on December 20, 2018, that remove the 30% incentive provisions from the EEOC’s wellness program regulations governing the Americans with Disabilities Act (“ADA”) and the … Continue reading
New Plan Year, New Wellness Program – Some Things to Keep in Mind
As a follow-up to our recent blog Count Down to Open Enrollment – Some Quick Thoughts, below is a little more detail on how seemingly simple wellness program design changes can have significant legal consequences. HIPAA – Employers feeling extra … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ADA, ADEA, CODE, EEOC, GINA, HIPAA, incentive, surcharge, tobacco, wellness
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Count Down to Open Enrollment – Some Quick Thoughts
As open enrollment approaches for the 2019 calendar year, below are some items employers may want to consider: Wellness program changes – Many employers change their wellness programs during open enrollment. This is a reminder that even small changes to … Continue reading
Posted in Health & Welfare Plans, Health Care Reform
| Tagged 4980H, association health plans, coverage, domestic partners, open enrollment, premiums, wellness
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Wellness Rules Under the ADA – Will There Ever Be Certainty?
We previously blogged about the EEOC’s final rules, published in the Federal Register on May 17, 2016, that explain how the Americans with Disabilities Act (“ADA”) applies to employer sponsored wellness programs. These rules clarified when an employee health program, … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged AARP, ADA, EEOC, regulations, wellness
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Wellness Incentives Under Scrutiny After District Court Decision
In the most recent updates to the AARP v. EEOC wellness case (AARP v. EEOC, D.D.C., No. 1:16-cv-02113), the District Court for the District of Columbia has ordered the Equal Employment Opportunity Commission (“EEOC”) to review the wellness regulations related … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged AARP, ADA, EEOC, GINA, nondiscrimination, wellness
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Open Enrollment Looms and ACA Changes are Uncertain – What are Employers to Do?
On the morning of July 28, 2017, another effort to repeal or replace the Affordable Care Act (“ACA”) failed in a 49-51 Senate vote when three Republican senators voted against the bill. Attempts to pass even a trimmed down “skinny” … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged 4980H, ACA, enrollment, health care reform, Mental Health Parity, MHPAEA, open enrollment, repeal, SBC, Senate, summary of benefits and coverage, template, wellness
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EEOC Final Rules on Wellness Programs and the ADA – Worth the Wait?
On May 16, 2016, the EEOC issued final rules that explain how the Americans with Disabilities Act (“ADA”) applies to employer sponsored wellness programs. Although some may welcome the guidance, others may be frustrated because the rules are somewhat inconsistent … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ADA, disability, EEOC, employee health programs, final regulation, final rule, flambeau, incentives, medical examinations, Seff, voluntary, wellness, wellness program
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A Wellness Win for Employers, But Will it Last?
As explained in our April 21, 2015 and May 9, 2015 blog posts, wellness programs that are part of a group health plan are subject to the HIPAA nondiscrimination rules, and other state and federal laws including, but not limited … Continue reading
Posted in Employee Benefits, Health & Welfare Plans
| Tagged ADA, ADA safe harbor, CBA, disability, EEOC, flambeau, Seventh Circuit, SPD, Supreme Court, wellness, wellness program
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EEOC Proposed Regulations May Require Revisions to Your Tobacco Prevention Wellness Program
In our April 21 blog, Wellness Programs: Agencies Issue Helpful Guidance but Look Before You Leap, Nancy Campbell wrote about the release of the much-anticipated EEOC proposed regulations concerning wellness programs. In her blog, Nancy briefly touched upon some of … Continue reading
Posted in Employee Benefits, Health & Welfare Plans
| Tagged EEOC, HIPAA, tobacco prevention, wellness
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