Apple Tightens Criteria For Digital Health Apps


Category: Regulatory

Earlier this year, the U.S. Food and Drug Administration (FDA) published final guidance articulating the difference between the “low-risk” digital health apps, devices for general health management, and those apps and devices that needed FDA 510(k) clearance.  In short, the FDA provided information on the kinds of apps and devices for which it will and… Read more »

EEOC: Employers Must Provide Advance Notice To Employees For Screenings And HRAs


Category: Regulatory

The Equal Employment Opportunity Commission (EEOC) published new rules on May 17, 2016 that will require employers that offer wellness programs that collect employee health information (such as through a health risk assessment or biometric screening) to provide a notice to employees informing them what information will be collected, how it will be used, who… Read more »

IRS: Cash Rewards For Wellness Program Participation Are Taxable


Category: Regulatory

According to an advice memorandum released on May 27 by the United States Internal Revenue Service (IRS), an “employer may not exclude from an employee’s gross income payments of cash rewards for participating in a wellness program” or “exclude from an employee’s gross income reimbursements of premiums for participating in a wellness program if the… Read more »

EEOC Clarifies Wellness Regulations


Category: Regulatory

On Monday, the Equal Employment Opportunity Commission (EEOC) released final rules on how employers can offer workers financial incentives of up to 30% of the cost of their cheapest health insurance plans to participate in wellness programs without violating federal laws protecting the confidentiality of medical information.  The ruling aims to clear up confusion over… Read more »

EEOC To Clarify Wellness Incentive Rules Under GINA


Category: Regulatory

The Equal Opportunity Employment Commission (EEOC) issued a proposed rule on Friday that aims to clarify how wellness incentives apply to the health information of a spouse participating in an employer-sponsored wellness program.  The proposed rule amends regulations related to Title II of the Genetic Information Nondiscrimination Act (GINA) by allowing employers who offer wellness… Read more »

Texas Law Limits Corporate Wellness Program Liability


Category: Regulatory

A law signed by Texas Governor Greg Abbott will provide limitation on liability for employers who establish and maintain employee wellness programs.  Recognizing the adverse impact wellness compliance uncertainty is having on corporate wellness adoption, the Texas legislature passed H.B. 2390, which will prohibit civil liability for the establishment of an employee wellness program unless… Read more »

EEOC Update: When Does Employee Wellness Go Too Far?


Category: Regulatory

Ever since the Equal Employment Opportunity Commission (EEOC) filed lawsuits against Honeywell and other companies for having wellness programs that violate the Americans with Disabilities Act (ADA) and other federal regulations, employers have been demanding guidance on what constitutes a voluntary and compliant program.  This call for clarity continues to advance with the June 19… Read more »

EEOC Issues Proposal For Wellness Programs


Category: Regulatory

Since the expansion of wellness programs through the Affordable Care Act (ACA), there has been growing concern from employers on what qualifies as a compliant program.  This has culminated in a number of lawsuits from the Equal Employment Opportunity Commission (EEOC) against employers with wellness programs.  Congress has even stepped in by proposing legislation to… Read more »

Congress To Provide Clarity On Employee Wellness Programs


Category: Regulatory

After the Equal Employment Opportunity Commission (EEOC) filed lawsuits on numerous employers, such as Honeywell, companies continue to seek more certainty on wellness regulations and compliance (Part 1 and Part 2 overview of wellness regulations).  As a result, members of the U.S. House and Senate introduced the Preserving Employee Wellness Programs Act, which is designed… Read more »

Senate Hearing Airs Concerns About Wellness Incentives, Misses Mark


Category: Regulatory

In late January, the Senate Health, Education, Labor, and Pensions (HELP) Committee organized a hearing in response to employer consternation about the Equal Employment Opportunity Commission (EEOC) moves to take employers to court over wellness programs.  During the hearing, Democrats expressed support for wellness programs and noted that the Patient Protection and Affordable Care Act… Read more »