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Employer Wellness Programs : EEOC's new rules under the ADA and GINA - Webinar

  • ID: 3939812
  • Webinar
  • 90 Minutes
  • Online Compliance Panel
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In this webinar we will discuss what an Employee Wellness Program is, the different types of Wellness Programs and the different laws and regulations that come into play. While we will discuss the EEOC's new rules under the ADA and GINA, we will also look at HIPAA requirements, as well as ACA, Title VII and interplay with workers' comp and workplace safety issues, and much more.

Why Should you Attend:

Does your company offer an Employee Wellness Program? Employee wellness programs, if done correctly can be a win-win for employers, employees, and safety professionals, insurance carriers…well the list goes on! Conversely, if your company's wellness program is not set up correctly it can spell trouble for you, no matter how well-meaning you may have been in setting up that program. Why is that? First if your Wellness Program is connected to a Group Health Insurance Plan, you will probably have requirements you must meet under the Health Insurance Portability and Accountability Act (HIPAA). But that's not all. The EEOC in May issued final rules regarding the impact of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Before you throw up your hands and walk away, join us and we will tell you how you can set up your Employee Wellness Program to get the maximum benefit and avoid the pitfalls.
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1.Intro/Overview: What is a Wellness Program

2. HIPAA Rules/Obligations:
A. Participatory v. Health Contingent Programs
B. Nondiscrimination Rules, Exceptions
C. ACA changes to HIPAA rules on wellness programs

3. EEOC's ADA regulations
A. Reason for new rules: EEOC's past stance unclear, little enforcement
B. What programs are covered
C. Meaning of "voluntary" participation
D. ADA Underwriting Safe Harbor
E. Financial Incentives
F. Confidentiality
G. Other ADA Requirements

4. EEOC's GINA regulations
A. Definitions:
1. "Genetic Information"
2. "Underwriting Purposes"
3. "Voluntary"
4. "Reasonably Designed"
B. Employee Health Risk Assessments and GINA
C. Spousal Health Risk Assessments and GINA
D. GINA Title II Issues (Insurance)
E. Additional rules
1. Interaction with HIPAA

5. Other Considerations:
A. Workers' Comp Issues
1. Dual Capacity Exception
B. Workplace Safety Issues - Can/should you combine with a workplace safety program?
1. Occupational Diseases - if applicable?
C. ERISA
D. COBRA
E. ADEA
F. Title VII
G. FLSA
H. Affordable Care Act
I. Common Pitfalls
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  • Janette Levey Frisch Janette Levey Frisch,
    Founder ,
    The EmpLAWyerologist Firm/Attorney


    Janette is an attorney with more than 20 years legal experience. Janette is the founder of The EmpLAWyerologist Firm. Janette works with employers on most employment law issues, acting as the Employer's Legal Wellness Professional - to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm's weekly blog and has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

    Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is also a contributor to the recently released book, "Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition", published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

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- Benefits Administrators/Coordinators, Human Resources, Comptrollers, CFO's, CEO's, Senior Managers, Compensation Officers
- Any employer who offers or is considering offering an Employee Wellness Plan or Program
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