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DISCLAIMER: This blog is published for general information only - it is not intended to constitute legal advice and cannot be relied upon by any person as legal advice.  U.S. Treasury Regulations require us to notify you that any tax-related material in this blog (including links and attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding tax penalties, and may not be referred to in any marketing or promotional materials.  While we welcome you to contact our authors, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in HIPAA (15)


December 2018 Client Advisory

This Client Advisory, originally distributed in December 2018, highlights important developments in the law governing employee benefit plans and executive compensation over the past year.  It offers insight into what these developments mean for employers and plan sponsors and previews developments we expect to see in 2019. 

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Wellness Programs: Where are we now?

Wellness programs are governed by overlapping and, at times, maddeningly inconsistent regulations and agency guidance.  Litigation challenging the wellness program rules issued by the EEOC in 2016 has added another layer of complexity for employers attempting to design and administer wellness programs in compliance with applicable law.  Nevertheless, wellness programs remain extremely popular among employers of all sizes and across all industry groups.  Below is a brief overview of the current state of the law governing wellness plans and a few practical recommendations to employers for navigating the evolving regulatory environment. 

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2014 Year-End Employee Benefit Plans Compliance Advisory

The 2014 end-of-year rush seems somewhat less frantic than in years past.  Nevertheless, with a month left in the year many employers may find themselves scrambling to meet plan amendment and notice deadlines, and planning for 2015 may still be in process for some.  This summary discusses a few key developments regarding employee benefit plans – especially group health plans – for employers to consider as they finish 2014 and move into 2015, including developments in:

  • Retirement Plans,
  • Health Plans and Health Care Reform, and
  • EEOC Challenges to Wellness Programs.

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Complimentary Webinar to Review Recent Legal Issues with Wellness Programs

Join Richard Moon and Chris Lockman on Thursday, November 20, from 9:00 – 10:00 a.m. for a complimentary webinar that will provide a general overview of the final wellness program regulations and recent EEOC litigation attacking certain wellness programs.  The DOL, HHS, and the Treasury Department have released detailed guidance explaining how wellness programs may be designed and operated in a manner that satisfies the nondiscrimination requirements of HIPAA.  Even an employer that has adhered to these regulations, however, may not be insulated from EEOC enforcement activity and lawsuits brought under the ADA, Title VII, or GINA.  Recent litigation commenced by the EEOC brings these issues to the fore.  Richard and Chris will explain the current state of affairs regarding wellness programs and offer recommendations for employers who wish to maintain compliant wellness programs while managing their exposure under the ADA, Title VII, and GINA.
Register for this webinar on the Verrill Dana website.


CMS Delays HPID Application Deadline 

On October 31, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a statement delaying enforcement of the health plan identifier (HPID) requirement.  Specifically, Controlling Health Plans (CHPs) are no longer required to obtain HPIDs by the originally announced deadline of November 5, 2014, which has been delayed “until further notice.”  Because the duration of this enforcement delay is unknown, we recommend that CHP sponsors move forward with the application process to obtain HPIDs.  Details about the HPID requirement and the application process are available here.  We will continue to provide further updates on delayed enforcement of the HPID requirement on our blog, Employee Benefits Update.