preventive care

Event: Ohio Safety Congress & Expo

High Risk: Finding Your Wellness Program Purpose Date: Wednesday, March 9, 2016 Our Presenter: Bill Frankel, Executive Vice President and Principal of Be Well Solutions As health issues expand across the country, more and more companies are feeling the burden of an unhealthy workforce. Higher health insurance costs, increased absenteeism, reduced work productivity all affect your bottom-line. Today, learn about: • The Financial Toll on Corporate America o Indirect Cost and Direct Cost of Poor Health • Making a Case for Wellness o Reduction in Risk Factors = Reduction in Health Care Costs • Wellness that Works: Essential Elements o Selecting the Right Wellness Program for Your Organization • 2016: Updates to the ACA, Alternative Standards and Technology • Wellness for YOU: It’s Never Too Late to Begin Your Journey Into Wellness For more information, please visit https://www.bwc.ohio.gov/employer/programs/safety/SafetyCongress.asp

EEOC Update – Wellness

As you may recall, the U.S. Equal Employment Opportunity Commission (EEOC) had not clarified its position on employer-sponsored wellness programs. In fact, several lawsuits were filed by the EEOC against employer-sponsored wellness programs (e.g., the Honeywell suit). The pushback was based on the Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). On October 29, 2015 the EEOC issued proposed rules which would amend Title II of GINA as they relate to wellness programs that are part of health plans. Comments on the proposed rules were accepted through the end of 2015. In short, the proposed amendments to GINA are favorable and show that the EEOC does not want to be an impediment to wellness programs. The following changes, in part, are proposed to GINA: A key proposed change in GINA involves incentivized wellness programs. The changes would

ERISA, COBRA and Wellness Programming

David T. Andrews, Attorney for Day Ketterer The threshold issue to determine whether ERISA applies to a wellness program is whether the wellness program rises to the level of a “Group Health Plan.” ERISA defines a Group Health Plan as “an employer-sponsored welfare benefit plan to the extent that the plan provides medical care (…including items and services paid for as medical care) to employees or their dependents directly or through insurance or otherwise.” Many common wellness program initiatives will cause a wellness plan to become a Group Health Plan subject to ERISA, including health risk assessments that provide advice and counseling, employer-paid immunizations and employer-paid biometric screenings (i.e., blood pressure screening, BMI, cholesterol, etc.). In addition, a wellness program can become a Group Health Plan by becoming linked to a Group Health Plan, such as by rewarding employees for

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