Market Areas > Human Resources > Wellness Programs and the Law

Wellness Programs and the Law: Complying with GINA, ADA and HIPPAA

Course Description:

Could your employee wellness program cause a lawsuit?

Many employers today offer workers cash incentives or insurance-premium reductions to fill out “voluntary’ health surveys.  Some use that information to offer health advice or direct at-risk employees into wellness programs.

But, if a 'voluntary' wellness program provides some sort of financial incentive for workers to answer questions related to their medical histories, or participate in medical examinations, is it truly voluntary?

Despite good intentions surrounding wellness programs, employers must carefully navigate the legislative waters in order to develop programs that not only benefit employees, and control health care costs, but are in compliance with DOL disability laws, including: GINA, ADA, and HIPAA.

In this invaluable audio conference, our expert faculty will guide you through the legal complexities involved with wellness programs and provide you with the tools you need to limit your legal risks, including:

• Definition of a voluntary wellness program by the EEOC under the ADA
• GINA, ADA and HIPAA: Avoiding potential violations
• “Bona fide wellness”: Understand this key phrase
• How to comply with HIPAA
• Avoiding genetic discrimination under the recent GINA regulation
• Navigating the challenges presented by the ADA
• What the new Patient Protection and Affordable Care Act offers employers and wellness programs
• Spending on wellness programs and the “Cadillac Tax”: What employers should be aware of

Featured Faculty:

David M. Weiner, Partner, Seyfarth Shaw, LLP

Mr. Weiner is a partner practicing in the areas of employee benefits and executive compensation, and is the Co-Chair of the Firm's Welfare Benefits Practice Group. Before joining Seyfarth, he was a principal in the executive compensation group of an international compensation and benefits consulting firm, and a partner (and head of the employee benefits and executive compensation practice) with a major Chicago law firm. As a result of this background, Mr. Weiner has experience with respect to all elements of the pay package, and his advice relates to both the strategic and technical aspects of benefits and compensation. On a regular basis, his work includes assistance to companies involved in mergers and acquisitions, and consideration of the implications of federal tax and securities laws on benefits and compensation arrangements. Mr. Weiner is a member of the Seyfarth task force assisting clients with the employee benefits aspects of relationships with independent contractors and leased employees.

MARK CASCIARI, Partner in the Labor & Employment Department, Seyfarth Shaw LLP

MARK CASCIARI is a partnerin the Labor & Employment Department ofSeyfarth Shaw LLP.His practicehasa focus on ERISA and other employee benefits litigation. Mr. Casciari represents employers, plan sponsors, plans, fiduciaries (including independent fiduciaries) and plan administrators in federal district and appellate courts throughout the United States. He recently served as counsel of record on the amicus brief of the Chamber of Commerce and the Financial Services Roundtable in the Supreme Court’s LaRue ERISA remedies case.He is an Adjunct Professor of Trial Advocacy at Northwestern University School of Law. Mr. Casciari is a frequent author and speaker onemployee benefitstopics.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

Pricing:

Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit."

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