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Legal Considerations with Corporate Health and Wellness Programs: From HIPPA and ADA to Voluntary Participation and Incentive-Based Programs
POSTED NOVEMBER 3, 2021
Martin S. Driggers, Sweeny Wingate & Barrow, P.A. (Hartsville, SC); Albert B. Randall, Jr., Franklin & Prokopik, P.C. (Baltimore, MD)
About this program
Wellness programs have come a long way since the inception of Control Data Corp.’s Stay Well program in 1979 to the point where they have become essential for nearly all industries. The type of wellness program dramatically changes depending on what type of rules apply. The program must be voluntary and not discriminate based on any protected class, including health factors. The ideal plan should have a wellness program that is a part of a group healthcare plan so that the program can rely on the group healthcare plan’s compliance with certain laws. A second option is to have a program not part of a group healthcare plan but is still subject to the general requirements of the ADA, ADEA, Title VII, and the FLSA. This session will discuss these programs and how to best establish one and tailor it for your business or industry.