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 in Corporate Counsel, in “Employee Wellness Programs: Finally, Some Guidance,” by Rebekah Mintzer.
Following is an excerpt:
The EEOC disagreed with the decision in a footnote in its new rules, but Frank Morris Jr., a member of Epstein Becker & Green, told CorpCounsel.com that he doesn’t think this should discourage companies from administering wellness programs and he holds out some hope that the Eleventh Circuit’s reasoning could work in other jurisdictions as well. “Whether the EEOC agrees or not, other courts may very well follow that court’s view,” he said.
Adam Solander, also a member of Epstein Becker, explained that despite the conflict in the courts and federal agencies over wellness programs, they still have a lot to offer companies. He pointed out that in 2018, the so-called Cadillac Tax provision of the ACA, a penalty for employer health plans over a certain cost threshold, will take affect. “Especially with that provision out there, employers really want to stay in the game and make sure their employees are healthy—it’s a positive for the employer,” he told CorpCounsel.com. Healthier employees tend to use lower-priced plans that are more likely to stay out of Cadillac territory.
