Wellness & Prevention

Updates

protected content Latest on Graham-Cassidy, EEOC & Wellness Update

My what a week. Repeal and replace was back, then it wasn’t. There was even more chaos on Capitol Hill with 181 people arrested in or outside the Senate Finance hearing on Graham-Cassidy. Deep breath… More

protected content Market Stabilization, Wellness, Employer Exclusion, and Last Ditch ACA Repeal Efforts

I hope you’re all doing well. It’s been a while since my last update, but I’m back at ERIC HQ and we’ve got some news for you! If you want some really interesting reading, check out this Bloomberg piece about the “patent thicket” protecting the “world’s best-selling drug.” I found it fascinating… More

protected content AARP v. EEOC Update – Wellness Rule Remanded back to Agency

Today, a federal judge with the U.S. District Court for the District of Columbia issued his opinion denying the Equal Employment Opportunity Commission's (EEOC) motion to dismiss the lawsuit brought by AARP regarding the agency’s rule on workplace wellness programs, and he granted AARP’s motion for summary judgment against the rule… More

protected content ACA Repeal Update, Survey Results, and More

The Senate’s push toward a vote on repealing and replacing the Affordable Care Act (ACA) came to a head on Monday night, as conservative Senators Mike Lee (R-UT) and Jerry Moran (R-KS) announced that they would not support the motion to proceed to the bill, for various reasons … More

protected content BCRA, 6055 Reporting, Wellness, MHP, and More

TGIF! I hope you all enjoyed this short work week – it doesn’t sound like Congress did. Nope, they were busy getting mobbed in their states and districts by ACA supporters… 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

ERIC Surveys

protected content Member Survey on Sabbatical Leave, Wellness & PBMs

ERIC conducted a survey of its members, on sabbatical leave, wellness programs, and the use of pharmacy benefit manager (PBM) for your prescription drug benefit… More

protected content Survey on Members’ use of Wellness Programs

ERIC conducted a survey of its member on their use of wellness programs… More

More ERIC Surveys

Government Reports

protected content Analysis of Health-Related Proposals in Obama Administration’s FY 2014 Budget

As promised, President Obama formally released his budget yesterday for Fiscal Year 2014 (which starts October 1, 2013 and runs through September 30, 2014.) Although the really earth-shaking developments are mostly on the retirement side, there were nonetheless some interesting developments on the health front … More

More Government Reports

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

protected content Analysis of Health-Related Proposals in Obama Administration’s FY 2014 Budget

As promised, President Obama formally released his budget yesterday for Fiscal Year 2014 (which starts October 1, 2013 and runs through September 30, 2014.) Although the really earth-shaking developments are mostly on the retirement side, there were nonetheless some interesting developments on the health front … More

More Legislative Documents

Letters to Agencies

The ERISA Industry Committee Engages EEOC on Proposed GINA Regulations

ERIC today submitted comments to the Equal Employment Opportunity Commission on proposed rulemaking regarding Title II of the Genetic Information Nondiscrimination Act (GINA) and the impact on employer-sponsored wellness programs… More

ERIC Suggests Revisions to ACA Minimum Value Proposed Regulations

The ERISA Industry Committee (ERIC) today submitted to the Internal Revenue Service a series of recommendations to improve proposed regulations relating to the determination of affordability and minimum value of eligible employer-sponsored plans under the Affordable Care Act (ACA).… More

ERIC Submits Letter to EEOC on Spousal Incentives to Complete HRA

The ERISA Industry Committee (ERIC) today submitted a letter to the Equal Employment Opportunity Commission on permitting spousal incentives for workplace wellness programs… More

ERIC asks for Guidance on Workplace Wellness Programs

The ERISA Industry Committee (ERIC) asks the Departments of Labor, Treasury, and Health and Human Services and the Equal Opportunity Commission to provide guidance on certain issues affecting workplace wellness programs… More

ERIC Urges Regulators to Support Policies that Encourage Workplace Wellness Programs

ERIC News Release For Immediate Release: February 24, 2011 Washington, D.C. -- Gretchen Young, Senior Vice President for Health Policy at… More

More Letters to Agencies

Letters to Congress

ERIC Backs Preserving Employee Wellness Programs Act

The ERISA Industry Committee (ERIC) is pleased to support the Preserving Employee Wellness Programs Act (H.R. 1313), and urges members to vote yes when then bill is considered by the Committee… 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

With Failing Exchanges, Importance of Employer-Sponsored Health Plans Growing

Today’s release of the Kaiser Family Foundation and the Health Research & Educational Trust (HRET) 2016 Employer Health Benefits Survey highlights the growing importance of employer-sponsored health insurance plans… More

The ERISA Industry Committee Engages EEOC on Proposed GINA Regulations

ERIC today submitted comments to the Equal Employment Opportunity Commission on proposed rulemaking regarding Title II of the Genetic Information Nondiscrimination Act (GINA) and the impact on employer-sponsored wellness programs… More

Statement by ERIC President and CEO Annette Guarisco Fildes on EEOC’s Notice of Proposed Rulemaking on Application of the ADA to Employer Wellness Programs

“Employer-sponsored wellness plans are an essential part of the fabric of employer health coverage and are one of the few mechanisms available to large employers to promote the health of employees and hold down the ever-rising cost of medical coverage. … 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 Suggests Revisions to ACA Minimum Value Proposed Regulations

The ERISA Industry Committee (ERIC) today submitted to the Internal Revenue Service a series of recommendations to improve proposed regulations relating to the determination of affordability and minimum value of eligible employer-sponsored plans under the Affordable Care Act (ACA).… More

ERIC Urges EEOC to Adopt Rules that Foster Workplace Wellness Programs

Testifying today before the Equal Employment Opportunity Commission (EEOC), The ERISA Industry Committee (ERIC) strongly encouraged the agency to adopt guidance making clear that incentive-based workplace wellness programs are permissible in order to allow these programs to expand and succeed. Amy Moore of Covington & Burling LLP testified on behalf of ERIC.… More

ERIC Urges Regulators to Support Policies that Encourage Workplace Wellness Programs

ERIC News Release For Immediate Release: February 24, 2011 Washington, D.C. -- Gretchen Young, Senior Vice President for Health Policy at… More

More Press Releases

Regulatory Documents

protected content EEOC Semi-Annual Regulatory Agenda Indicates Agency Planning to Opine on Wellness

For some time now, we have been concerned that the EEOC will decide to flex its muscles on whether the Americans with Disabilities Act (ADA), which is under the agency’s jurisdiction, permits employers to offer rewards under their wellness programs. … More

protected content Government Gives Us the Answer We Want on ACA OOP Limits

Yesterday the Department of Labor, along with HHS and Treasury, issued 12 new questions and answers, including the clarification of a key concern that we have been relentlessly bugging them about for months now: can a plan have two separate cost-sharing limits that in the aggregate comply with the overall out-of-pocket limit under the Affordable Care Act? … More

protected content Agencies Release Final Wellness Regulations; New ERIC FocusOn Call to Review Regulations

Today the Departments of Health and Human Services (HHS), Labor, and Treasury issued the final regulation under the Affordable Care Act (ACA) to implement the Act’s increase in permissible wellness program rewards from 20% to 30% (and to 50% for smoking cessation programs.) … More

More Regulatory Documents

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

ERIC Urges EEOC to Adopt Rules that Foster Workplace Wellness Programs

Testifying today before the Equal Employment Opportunity Commission (EEOC), The ERISA Industry Committee (ERIC) strongly encouraged the agency to adopt guidance making clear that incentive-based workplace wellness programs are permissible in order to allow these programs to expand and succeed. Amy Moore of Covington & Burling LLP testified on behalf of ERIC.… More

More Testimony