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TODAY : Advance Search
Nov 2016


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EEOC Guidance On The Interplay Between The ADA And Employee Wellness Programs - By AtoZ Compliance

Online Event


Key Take Away:

In this webinar, we will analyze the new EEOC Final Wellness Plan regulations under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) as well as how the EEOC regulations differ from the final HIPAA and Affordable Care Act (ACA) Wellness Plan regulations. We will also be discussing practical guidance to employers for designing and implementing compliant employee wellness plans.


The term "wellness program" generally refers to health promotion and disease prevention programs and activities offered to employees as part of an employer-sponsored group health plan or separately as a benefit of employment. Many of these programs ask employees to answer questions on a health risk assessment (HRA) and/or undergo biometric screenings for risk factors (such as high blood pressure or cholesterol). Other wellness programs provide educational health-related information or programs that may include nutrition classes, weight loss and smoking cessation programs, onsite exercise facilities, and/or coaching to help employees meet health goals.

Despite existing guidance available to employers under the Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act (“HIPAA”), employers have long faced uncertainty about the legality of their wellness programs under the Americans with Disabilities Act (“ADA”). While employers hoped that the Equal Employment Opportunity Commission (“EEOC”) would align any wellness rules it issued under the ADA with the ACA and HIPAA, that notion was attacked in mid-2014 when the EEOC began suing multiple large employers for wellness programs that allegedly violated the ADA.

The new EEOC Final Wellness Plan regulations require employers to notify employees about health information collected under the wellness program, how it will be used, and how confidentiality will be maintained. To assist employers with compliance, the EEOC issued an example of the employee notice and guidance on how employers can ensure compliance with the new requirements. Making a new review of compliance efforts to avoid employee claims.

Why Should You Attend:

Just when you thought you got your wellness programs fully aligned with the rules, the EEOC issues new guidance that throws everything to the wind. Unlike the proposed rule, which applied only to wellness programs that were part of a group health plan, the final rule applies to all wellness programs, regardless of whether the wellness program is offered through a group health plan.

Ultimately though, the final guidance was released in May of this year forcing employers to again revisit their wellness programs to ensure compliance. While the HIPAA and ACA wellness regulations are similar in many ways to the new EEOC regulations, there are subtle differences that must be understood to ensure to ensure compliance with both sets of laws.

Areas Covered In This Webinar:

Key features of new EEOC Final Wellness Plan regulations and accompanying guidance
Interplay between EEOC regulations and HIPAA/ACA regulations
Best practices for designing and implementing wellness plans

Learning Objectives:

What are the key requirements of the new EEOC Final Wellness Plan regulations?
Understanding the revisions to both the ADA and GINA regulations as they apply to wellness programs
How do the new EEOC Final Wellness Plan regulations clarify how to structure “voluntary” participation incentives?
How do the new EEOC Final Wellness Plan regulations mirror the HIPAA and ACA wellness plan final regulations? How do they differ?
Understanding the similarities to and differences from the HIPAA and ACA Wellness Plan regulations
How should employers interpret “reasonably designed” to promote health or prevent disease when designing their wellness program?
Inducements… how far can the employer go?
Confidentiality provisions… they’ve changed… again
Best practices to ensure compliance by the first day of the first plan year that begins on or after January 1, 2017

Who Will Benefit:

HR Professionals
Internal Auditor
Benefit Specialists
Business Owners
In-House Counsel
Affirmative Action/EEO Officers
Risk Managers
Employee Relations Executives

Speakers Profile:

Cathleen M Hampton
Cathleen Hampton has more than 25 years of experience as a human resources professional providing subject matter expertise and consulting services in areas of risk and compliance, work force planning, and human capital strategy. She has a unique ability to analyze operations for risk and help maneuver cultural practices and compliance enhancements that increase organizational outcomes. She is a well-known speaker noted for presenting best-in-practice solutions focused on talent retention and operational strategies that outpaced major completion through strong and decisive business leadership.

For more detail please click on this below link:

Toll Free: +1- 844-414-1400
Tel: +1-516-900-5509

Fax: +1-516-300-1584




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