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Overview

Despite their popularity, wellness programs are drawing increased scrutiny under a variety of federal laws such as the ADA, GINA, Title VII, the ADEA, the EPA, HIPAA, ERISA and the ACA. Depending on the wellness program design, state law may also regulate these programs.

We were one of the first law firms to write and speak about the various legal and practical issues companies must consider when designing and implementing workplace wellness programs. Combining our deep knowledge of a diverse range of laws with our passion for solving business problems, we aim to be a leading legal resource for employers seeking to innovate in health care initiatives. We provide strategic advice to in-house counsel and other internal stakeholders in this rapidly-evolving area of the law, including:

  • Presenting to executive teams seeking to introduce these programs to their workforce;
  • Counseling clients during the design phase on strategies for maximizing participation in the wellness program(s) and obtaining a return on investment (ROI) while addressing legal compliance and risk management;
  • Reviewing and drafting wellness program descriptions, enrollment forms, certifications, waivers and other communications, including ERISA summary plan descriptions where applicable; and
  • Advising on employee relations considerations of health management initiatives.

Helpful Links

EEOC

DOL

DOL | HHS | IRS

2013 Affordable Care Act Final Regulations

2012 Affordable Care Act Proposed Regulations

See AllPublications

April 16, 2015

EEOC Releases Proposed Rule on Workplace Wellness Programs for Public Comment

April 16, 2015

The U.S. Equal Employment Opportunity Commission has released its Notice of Proposed Rulemaking (NPRM) on how Title I of the Americans with Disabilities Act applies to employer wellness programs that are part of group health plans. The NPRM is scheduled to be published in the Federal Register on April 20, 2015. The public may offer... Read More

April 6, 2015

EEOC Clarification on Workplace Wellness Programs Advances

April 6, 2015

The U.S. Equal Employment Opportunity Commission (EEOC) has announced it is starting the regulatory process to release its long-awaited rules on the interplay of the Americans with Disabilities Act (ADA) and the Affordable Care Act (ACA) as they affect wellness programs.  According to the EEOC’s March 20 announcement, the... Read More

See AllIn the News

February 1, 2016
SherylSmolkin.com

Joseph Lazzarotti Comments on EEOC v. Flambeau, Inc. Decision

February 1, 2016

Joseph Lazzarotti discusses implications of the EEOC v. Flambeau, Inc. decision in "Flambeau ruling allowing gateway HRAs not the last word," published by SherylSmolkin.com. Subscription may be required to view article     Read More

May 14, 2015
SHRM

Francis Alvarez Discusses Wellness Requirements Under ADA and GINA

May 14, 2015

Francis Alvarez discusses wellness programs under ADA and GINA in SHRM's "Coordinating Wellness Requirements Under ADA and GINA Cloudy." Subscription may be required to view article. Read More