EEOC CHALLENGES WELLNESS PROGRAM UNDER ADA

August 21, 2014

The U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit that Manitowoc, Wisconsin-based Orion Energy Systems violated federal law by requiring 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, which was not voluntary, and then by firing the employee when she objected to the program. Read the rest of this entry »


EEOC DISCUSSES ADA AND WELLNESS PROGRAMS

April 13, 2013

In an informal letter, an Equal Employment Opportunity Commission (EEOC) staff attorney has discussed the implications under the Americans with Disabilities Act (ADA) of providing greater benefits to employees who meet wellness program requirements.  The letter does a good job of restating the ADA’s statutory requirements related to voluntary wellness programs and reasonable accommodation obligations. Read the rest of this entry »


THE REGULATIONS JUST KEEP ON COMING

March 11, 2013

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A FLURRY OF HEALTH CARE REFORM REGULATIONS AND THE FISCAL CLIFF

November 21, 2012
The federal Departments of Health and Human Services (HHS) and Labor have released three new proposed regulations regarding the Patient Protection and Affordable Care Act’s essential health benefit requirements and other key reform components including the new rating rules for policies issued to individuals and small groups and new requirements for employer-based wellness programs.

The new regulations give states about a month more to choose a benchmark plan on which all essential health benefit mandates for their individual and small group markets will be based. Read the rest of this entry »


EEOC STAFF GIVES INFORMAL OPINIONS ON VARIOUS ISSUES

October 25, 2012

The Joint Committee of Employee Benefits of the American Bar Association (ABA) held a technical session with Equal Employment Opportunity (EEOC) staff earlier this year.  The ABA shared highlights of the unofficial, nonbinding remarks, which are summarized below. Read the rest of this entry »


11th CIRCUIT RULES WELLNESS PLAN DOES NOT VIOLATE ADA

August 31, 2012

In a closely watched case, a circuit court of appeals has ruled for the first time on whether a wellness plan violates the Americans with Disabilities Act (ADA).  The United States Court of Appeals for the Eleventh Circuit has ruled that this plan did not violate the ADA. Read the rest of this entry »


CALIFORNIA HEALTH FACILITIES MUST HAVE LIFTING POLICIES

January 4, 2012

Effective January 1, 2012, AB 1136 amended the California Occupational Safety and Health Act of 1973 to require an employer to maintain a safe patient handling Policy for patient care units and to provide trained lift teams or staff trained in safe lifting techniques in most general acute care hospitals. The safe patient handling policy must require the replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices or lift teams. As part of the injury and illness prevention programs required by existing regulations, employers are now required to adopt a patient protection and health care worker back and musculoskeletal injury prevention plan, which must include a safe patient handling policy component to protect patients and health care workers in health care facilities.