Frank C. Morris, Jr. , a Member of the Firm in the Litigation and Employee Benefits practices, and Adam C. Solander, a Member of the Firm in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, were quoted by, in “EEOC’s Wellness Proposed Rule Diverges from HIPAA Requirements,” by Allen Smith.

Following is an excerpt:

Participatory wellness programs are not related to a health factor or achieving a result in relation to a health factor. Health-contingent wellness programs are,” said Frank Morris Jr. and Adam Solander, attorneys with Epstein, Becker & Green in Washington, D.C., in an e-mail. Under the EEOC’s proposed rule, unlike the HIPAA regulations, the 30 percent limit is for 30 percent of self-only coverage, not 30 percent of family coverage, even where the coverage is for a family, Morris also observed in an April 22, 2015, firm webcast. …

Morris and Solander said the change “seems particularly odd as there is very little likelihood for any abuse with regard to participatory wellness programs.”

This interview refers to the attorneys’ recent webinar, “EEOC Wellness Regulations – What Do They Mean for Employer-Sponsored Programs?”

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