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  Double Whammy – EEOC ADA Opinion Letter and GINA Interim Final Regulations Restrict Health Risk Assessments in Wellness Initiatives.Littler Mendelson, P.C. - December 03, 2009 Questions continue to plague employers regarding the extent to which the Americans With Disabilities Act (ADA) may restrict them from implementing wellness programs and initiatives in connection with the group health plans that they sponsor. The issues surrounding these initiatives have been further clouded by the ADA Amendments Act (ADAAA) and the regulations under the ADAAA that were proposed September 23, 2009 by the EEOC (the "Proposed Regulations"), which substantially expanded the universe of individuals who are protected under the ADA. On August 10, 2009, the EEOC issued an Opinion Letter, recently made publicly available, regarding HRAs offered in connection with a health reimbursement arrangement. Report Link Can Your Wellness Program Trigger a Workers' Compensation Claim?Jackson Lewis LLP - October 20, 2009 A recent New York appellate court decision highlights one of the several risks employers must consider in an effort to promote a healthy workforce – having to pay workers’ compensation benefits to employees injured while taking advantage of a company-sponsored wellness program. Report Link October Is For: Work-Life Balance & Workplace Politics.Young Conaway Stargatt & Taylor, LLP - October 19, 2009 Workplace Prof Blog reports that, last week, Congress designated October as National Work and Family Life Month. The primary force behind the measure was the Alliance for Work-Life Progress, and the purpose was to encourage employers and employees to seek flexible work environments to better balance the needs of work and families. Report Link Court Extinguishes Smoker's Claims.Littler Mendelson, P.C. - August 10, 2009 In a victory for employers with mandatory wellness initiatives, a Massachusetts federal judge has dismissed a lawsuit by an employee who had started work, but whose employment, contingent on successful completion of a nicotine test, was terminated after he tested positive for nicotine. The decision, Rodrigues v. EG Systems, Inc. d/b/a Scotts LawnService, Civil No. 07-10104-GAO (D. Mass., Jul. 23, 2009), may have far-reaching implications for employers that want to increase the overall health and productivity of their workforce, and potentially lower health care costs, by having a non-smoking workforce. Report Link Wellness Programs Present Compliance Challenges and Cost-saving Opportunities.Vedder Price - June 05, 2008 Faced with the skyrocketing
health care costs described
above, many employers are
taking a preventive approach by
offering wellness programs
designed to promote good
health and positive lifestyle
choices. Report Link Employer Mandated Wellness Initiatives: The Continuum from Voluntary to Mandatory Plans.Littler Mendelson, P.C. - May 01, 2008 A year after Littler first examined how far an employer can go toward mandating wellness in the workplace, this 2008 Littler Report examines where we are a year later. As the leading source of medical insurance, employer-sponsored group insurance covers approximately 158 million nonelderly people in the United States. Although the cost of healthcare insurance has moderated, the percentage of employers offering health insurance continues to decline. Threatened by various federal, state and local initiatives to require employers to provide health insurance coverage and paid sick leaves, and leery of expecting any comprehensive reform, no matter what the outcome of the 2008 election, employers are now examining what can be done to assure a healthier workforce. Report Link DOL Checklist Offers Key to the Mysteries of Wellness Program Identification.Littler Mendelson, P.C. - March 27, 2008 Certain health promotion or disease prevention programs offered by a group health plan – commonly known as wellness programs – must comply with Health Insurance Portability and Accountability Act (HIPAA) wellness program regulations. However, it is not always clear to employers whether they sponsor a wellness program subject to the regulations and, if so, how to apply the rules to the program. The U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin (FAB) No. 2008-02, which includes a Wellness Program Checklist, in response to questions concerning what types of programs must be in compliance with the final regulations. The DOL's Wellness Program Checklist takes some of the uncertainty out of this process. Report Link From Incentives to Penalties: How Far Should Employers Go to Reduce Workplace Obesity?Knowledge@Wharton (Reg Required) - March 19, 2008 This month, more than half of Americans probably made health-related New Year's resolutions, judging from past data, but few are likely to stick to them. Employees at CFI Westgate Resorts, an Orlando, Fla.-based vacation properties company, might consider themselves lucky: They have an incentive to get healthy. If they join in the company-wide weight-loss contest this month and succeed in reaching their goals, they could win cash prizes or a luxury vacation. Report Link DOL Releases Wellness Program Checklist.Ford & Harrison LLP - February 28, 2008 In an effort to help control escalating health care costs, many employers have begun offering various types of programs designed to encourage employees to engage in a healthier lifestyle. These efforts range from offering healthier choices in vending machines and reimbursing gym membership fees to providing reduced health insurance premiums for employees who stop smoking or have a certain cholesterol level. If an employer’s wellness program is in any way connected to an ERISA covered group health plan, it must comply with the HIPAA nondiscrimination provisions. Report Link Is Wellness on Your To-Do List?Ogletree Deakins - February 21, 2008 Are you considering adding a wellness program this year, or expanding your wellness offerings for employees? Have you considered whether your program is designed to comply with federal law?
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