Updates – ADA, GINA & HIPAA

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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

protected content EEOC Releases Regulations on Wellness Programs

Early this morning, the Equal Employment Opportunity Commission (EEOC) was kind enough to release their final regulations applying the Americans with Disabilities Act (ADA) and the Genetic Information Nondisclosure Act (GINA) to wellness programs. The ADA rule mostly applies directly to your employees, while the GINA rule is mostly focused on employee's family … More

protected content NEW FocusOn call on HIPAA audits and 3 other important topics

First, ERIC will host a FocusOn call on Thursday, April 28, from 2:00 p.m. to 3:30 p.m. ET to discuss “Phase 2” of the HIPAA Audit Program, begun at the end of last month by the HHS Office for Civil Rights (OCR)… 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

protected content EEOC Proposes Regulation on GINA

The EEOC proposed a regulation to permit wellness programs to incentivize spouses to participate without violating GINA… More

protected content EEOC to Mainstream Wellness Programs: Just Kidding! Sorta!

Today, after not such a long wait but a pretty intense period of concern, shall we say, the EEOC issued its proposed regulations on… More

protected content House Hearing on Wellness Programs Does Not Paint a Positive Picture of the EEOC, Shall We Say…

Today the Subcommittee on Workforce Protections of the House Committee on Education & the Workforce held a hearing to debate the pros and cons of several workforce-related bills, including HR 1189… More

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 Senate HELP Committee Holds Hearing on Wellness Plans

The wellness hearing hosted by the Senate Health, Education, Labor, and Pensions (HELP) Committee this morning was the Congressional equivalent of … More

DOL Posts Updated Health Benefits Coverage Compliance Guide on Website

The Department of Labor's Employee Benefits Security Administration has posted to its website an updated compliance assistance guide on health benefits coverage under federal law including updates for the Affordable Care Act and the mental health parity provisions. … More

protected content Senate HELP Committee Grills Two EEOC Nominees

The Senate Health, Education, Labor and Pensions (HELP) Committee on November 13 held a hearing on the re-nomination of David Lopez to again be General Counsel of the EEOC and the nomination of Charlotte Burrows to be the fifth EEOC Commissioner to replace a Commissioner whose term expired in September. … More

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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 HHS Delays HPID Enumeration Process until Further Notice

HHS has announced that the Health Plan Identifiers (HPIDs) enumeration process has been delayed until further notice. This is the process by which sponsors of group health plans obtain HPIDs for their plan or plans… 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

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 New FAQ Addresses Process for Plan Sponsors of Group Health Plans to Obtain HPID for ERISA Plans

With one fell swoop, a new FAQ slices through the Gordian Knot of how a wrap plan (an ERISA plan) fits into the CHP structure. Essentially, the new FAQ states that a plan sponsor may apply for one HPID for each ERISA plan. Thus, plan sponsors may apply for one HPID for each wrap plan; each of the wrap plan’s component major medical plans, for instance, would use this one umbrella HPID. … More

protected content Recent HHS Developments Concerning HPIDs and TRRP

Here’s the scoop on recent HHS developments concerning Health Plan Identifiers (HPIDs) and the Transitional Risk Reinsurance Program (TRRP) … 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 HHS Advises that HIPAA Privacy Rules Apply to Legally Married Same-Sex Couples

The Department of Health and Human Services Office for Civil Rights released an update advising that the HIPAA privacy rules apply to legally valid same-sex married couples and their family members (including dependents), whether or not they live or receive services in a jurisdiction that recognizes their marriage.… 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

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

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