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Wellness Programs: Legal Developments, Requirements And Risks 2/15/2010
As Congress looks at making significant changes to health insurance, wellness programs are playing a central role in the debate. Congress wants to encourage wellness programs and healthy lifestyles to help control the cost of health insurance and much of their interest is based on success stories from the private sector.
But privacy advocates and some federal regulators take the position that wellness programs erode individual rights. Despite the regulatory uncertainties, more employers than ever are looking to wellness programs to control health insurance costs. Some employers are providing incentives to employees who participate in wellness programs, follow disease management protocols or choose to live healthy lifestyles. Other employers are imposing penalties on employees who smoke or refuse to participate in wellness initiatives.
This teleconference explores the legal developments and requirements of wellness programs, including the design and taxation of incentives, laws that prohibit discrimination based on health factors, and exceptions for certain wellness and supplemental plans.
Agenda
Background and Overview of Recent Developments
Recent Developments
Genetic Information Nondiscrimination Act
HITECH Act
Recent Regulations and Guidance
Health Reform Legislation
Types of Wellness Programs
Types of Wellness Programs
Tools
Disease Management
Goals
Risk Identification
Behavioral Modification
Reducing the Cost of Chronic Disease
Types of Incentives
Reduction in Health Insurance Premiums, Coinsurance or Copays
Contributions to HSAs or HRAs
Cash
Other Rewards
Health Insurance Portability and Accountability Act
HIPAA Nondiscrimination Regulations
HITECH Act
Americans With Disabilities Act
Applicability to Wellness Programs
Impact of New Amendments Effective January 1, 2009
Genetic Information Nondiscrimination Act
EEOC Regulations
IRS, DOL and HHS Regulations
Federal and State Tax Rules
State Laws
Other State Laws
The Cutting Edge: Penalties and Risks
ADA: What Is Voluntary? What Are Penalties?
GINA: What Are the Limits?
What Is the Impact of Health Care Reform on Wellness Programs?
