EEOC’s Proposed Wellness Regulations – What Employers and Providers Need to Know


Frank C. Morris, Jr., Member of the Firm, will present "EEOC's Proposed Wellness Regulations - What Employers and Providers Need to Know," a webinar hosted by Clear Law Institute.

The EEOC recently published proposed rules for employer sponsored wellness programs. But there are critical differences between the EEOC’s proposed Americans with Disabilities Act (ADA) and forthcoming GINA rules and employer obligations under existing Affordable Care Act (ACA) rules. This webinar, will provide step-by-step guidance on how to navigate the EEOC’s proposed wellness regulations and avoid the pitfalls they can present for employers.

Topics to be covered include:

  • Why employers use wellness programs – including the looming “Cadillac Tax”
  • The intersection between ADA requirements and wellness programs
  • EEOC litigation against employer wellness programs
  • The elements of the EEOC’s proposed regulations
  • Key issues on which the EEOC sought comments
  • The conflict over whether wellness programs fall within the ADA’s bona fide benefit plan safe harbor
  • Key conflicts between the ACA rules in the TriAgencies and the EEOC’s proposed rule
  • Issues GINA poses in wellness program design
  • Potential problems that employers should consider while they await the EEOC’s final wellness rules
  • What employers who have or are considering wellness programs should do now
  • Whether Congress will remedy any problems created by the EEOC’s final wellness program rules
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