ADA, GINA & HIPAA

Updates

protected content Market Stabilization, HIPAA Relief, Wellness, Opioids, and More

It has been a busy week in DC, with a lot of movement on health issues. Does this mean anything of substance will necessarily get done? Of course not. But hey, it could happen! I’ve got a number of updates for you below, so let’s get to it… More

protected content AHCA Advances, HPID Testimony, Insurer Mergers, Rx, and More

There were rumblings yesterday that with the addition of a new amendment by former House Energy and Commerce Committee Chairman Rep. Fred Upton (R-MI-6), the GOP now had the votes needed to pass the American Health Care Act (AHCA)… More

ERIC Responds to Mercer Survey of Employer-Sponsored Plans

Today’s release of data from Mercer’s National Survey of Employer-Sponsored Health Plans, highlights the important role large employers’ play as plan sponsors… More

protected content Latest wellness case, Nondiscrimination, Steerage, and more!

The city is also abuzz about the first presidential debate, which will take place on Monday night. But there is still health care activity! The House recently passed several safety net and Medicare-related bills, while the House Energy and Commerce Committee moved a number of public health bills. Meanwhile, the regulators have been busy as well… More

protected content GOP Alternative to ACA, MHP Opportunity, 4980H Questions, and More!

Happy Tuesday! We have a lot to cover today, so I will try to keep each section short and to the point. There are a couple things I would really appreciate your feedback on, so please have a look and share your thoughts… More

See All Updates

Court Rulings

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District Court Denies EEOC’s Request for Temporary Restraining Order and Injunction against Company Wellness Program

Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a TRO/PI, finding that the Honeywell wellness program inflicted no “irreparable harm”. … More

protected content EEOC Leaps into the Wellness Fray AGAIN

The EEOC has double-downed on their rulemaking-through-lawsuit approach to wellness programs by suing Flambeau, Inc., for a similar violation of the ADA. … More

More Court Rulings

Judicial Documents

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District Court Denies EEOC’s Request for Temporary Restraining Order and Injunction against Company Wellness Program

Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a TRO/PI, finding that the Honeywell wellness program inflicted no “irreparable harm”. … More

protected content EEOC Once Again Goes after Employer Wellness Plan; Files for Temporary Restraining Order

Yesterday the EEOC filed for a Temporary Restraining Order (TRO) and an Expedited Preliminary Injunction in the U.S. District Court of Minnesota, claiming that Honeywell’s wellness program violates both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). … More

protected content EEOC Leaps into the Wellness Fray AGAIN

The EEOC has double-downed on their rulemaking-through-lawsuit approach to wellness programs by suing Flambeau, Inc., for a similar violation of the ADA. … More

protected content EEOC Leaps into the Wellness Fray

In a complaint filed yesterday, the EEOC sued Orion Energy Systems Inc. The EEOC claims that Orion violated the Americans with Disabilities Act (ADA) because it forced an employee to submit to medical exams and inquiries that were not job-related and consistent with business necessity as part of a wellness program that, according to the EEOC, was not voluntary. … More

More Judicial Documents

Legislative Documents

protected content Senate and House Introduce Favorable Bills on Wellness

Eight House and Senate Republicans have introduced two identical bills to stop the EEOC from pursuing what the agency claims are violations of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by employer-based wellness programs. … More

Senate Finance Committee Seeking Ideas to Improve Health Care Transparency

Senate Finance Committee Chairman Ron Wyden (D-OR) and former Chairman and Ranking Member Charles Grassley (R-IA) released a letter urging all stakeholders to submit to the committee ideas that will enhance the availability and utility of health care data, while maintaining and protecting patient privacy. … More

More Legislative Documents

Letters to Agencies

protected content ERIC Submits Comment Letter on Regulation of Telemedicine

ERIC on April 24 submitted a comment letter on the issue of telemedicine to the Federation of State Medical Boards (FSMB). This subject, which is somewhat off our beaten path, was brought to our attention… More

More Letters to Agencies

Letters to Congress

ERIC Urges HHS to Rule That Self-Funded Plans Should Not Be Subject to HIPAA Certification Requirements

The ERISA Industry Committee (ERIC) on April 3 urged the Department of Health and Human Services (HHS) to modify proposed rules that would require employer group health plans to certify compliance with standards and operating rules adopted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for certain electronic transactions. … More

More Letters to Congress

Press Releases

ERIC Responds to Mercer Survey of Employer-Sponsored Plans

Today’s release of data from Mercer’s National Survey of Employer-Sponsored Health Plans, highlights the important role large employers’ play as plan sponsors… More

The ERISA Industry Committee Responds to EEOC’s GINA Regulations

The ERISA Industry Committee (ERIC) welcomes the Equal Employment Opportunity Commission’s (EEOC) new proposed regulations on Title II of the Genetic Information Nondiscrimination Act… More

ERIC Outraged over Latest Wellness Suit Brought by EEOC

On Monday, the Equal Employment Opportunity Commission (EEOC) filed a memorandum in Federal District Court in Minnesota asking for a Temporary Restraining Order (TRO), alleging that wellness programs sponsored by Honeywell violated both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). “This is an outrageous development, and one that could potentially jeopardize not only the health of America’s workers, but also that of their spouses,” said Gretchen Young, ERIC Senior Vice President for Health Policy. … More

ERIC Urges HHS to Rule That Self-Funded Plans Should Not Be Subject to HIPAA Certification Requirements

The ERISA Industry Committee (ERIC) on April 3 urged the Department of Health and Human Services (HHS) to modify proposed rules that would require employer group health plans to certify compliance with standards and operating rules adopted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for certain electronic transactions. … More

More Press Releases

Testimony

protected content The Enduring Trials and Tribulations of Wellness Programs, Plus a New FocusOn Call

Yesterday the Equal Employment Opportunity Commission (EEOC), in response to several years of badgering by (and numerous meetings with) ERIC and our member companies, held a hearing to address “Wellness Programs under Federal Equal Employment Opportunity Laws.” … More

More Testimony