News & Analysis as of

Patient Protection and Affordable Care Act (PPACA) Today's Popular Updates Americans with Disabilities Act (ADA)

The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal... more +
The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal subsidies to reduce the number of uninsured citizens. less -
Holland & Hart LLP

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.  The revised rules apply to all...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS will review religious accommodation standard

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

DarrowEverett LLP

An Ounce of Prevention… EEOC Releases New “Know Your Rights” Poster

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In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher,...more

Genova Burns LLC

The Biden Administration’s Health Insurance Priorities

Genova Burns LLC on

The Biden Administration wasted no time in implementing some of the new President’s campaign promises relating to health insurance and the Affordable Care Act (“ACA”). First, on February 10 the Department of Justice filed a...more

Robinson+Cole Data Privacy + Security Insider

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

Alston & Bird

Lawsuits Are Focused on Wellness Program Compliance. Are You?

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Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

Troutman Pepper

EEOC’s Wellness Program Rules in Doubt

Troutman Pepper on

Q.  Are the EEOC’s Wellness Program rules still valid? A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

Haynsworth Sinkler Boyd, P.A.

Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% the employee cost for...more

Littler

EEOC Must Reconsider its Wellness Regulations

Littler on

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Arnall Golden Gregory LLP

Key Legal Issues Business Leaders and In-House Counsel Need to Know for 2017

1. With Wage and Hour Rules in Flux, Employers Need to Remain Vigilant - Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United...more

Seyfarth Shaw LLP

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

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Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Franczek P.C.

HHS Issues Final Rule on ACA Nondiscrimination in Health Programs and Activities

Franczek P.C. on

On May 18, 2016, the Department of Health and Human Services (“HHS”) issued final regulations interpreting the nondiscrimination provisions of Section 1557 of the Affordable Care Act (“ACA”). The rule mainly impacts insurers...more

Laner Muchin, Ltd.

EEOC Issues Final Rules Regarding Workplace Wellness Programs To Better Align HIPAA's Employee Wellness Program Goals And EEOC's...

Laner Muchin, Ltd. on

The Equal Employment Opportunity Commission (EEOC) issued two final rules regarding employer-sponsored wellness programs. The issue arose at the intersection of the Health Insurance Portability and Accountability Act (HIPAA),...more

Pierce Atwood LLP

EEOC's Final Wellness Rule: What is Permitted?

Pierce Atwood LLP on

Please see Infographic below for more information. ...more

Holland & Knight LLP

EEOC Final Rules on Employer Wellness Programs: What Employers Need to Know

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Increasingly, more employers are offering workplace wellness programs to promote and encourage healthier lifestyles for their employees and to prevent disease. These programs often involve medical questionnaires, health risk...more

Constangy, Brooks, Smith & Prophete, LLP

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more

Conn Maciel Carey LLP

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

Conn Maciel Carey LLP on

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Constangy, Brooks, Smith & Prophete, LLP

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness...more

Maynard Nexsen

Tricks or Treats: Human Resources Challenges Ahead

Maynard Nexsen on

Halloween is traditionally a time for “trick or treating.” For human resource professionals, many days can be Halloween-like, filled with unexpected events or career rewards. Recently, dozens of HR professionals participated...more

Fisher Phillips

New Guidance On Wellness Programs

Fisher Phillips on

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially...more

Dorsey & Whitney LLP

Wellness Watch: Guidance Is (Almost) Here

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In December 2014, we highlighted the challenges that employers have been facing in ensuring that their wellness programs are not in violation of the Americans with Disabilities Act (ADA), the Genetic Information...more

Constangy, Brooks, Smith & Prophete, LLP

Hey – That EEOC Wellness Rule Isn’t Half Bad

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

Stinson LLP

Multiple Departments Issue Guidance on Wellness Programs

Stinson LLP on

The Equal Employment Opportunity Commission (EEOC) made headlines during the second half of 2014 by attacking employers' wellness programs that require employees to undergo certain medical testing or be penalized....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Getting with the (Wellness) Program: EEOC Proposes New ADA Regulations for Wellness Programs

For some time, employers have faced uncertainty about the status of their wellness programs under the Americans with Disabilities Act (ADA). While the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and...more

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