The final HIPAA nondiscrimination and wellness program regulations were jointly issued by The Departments of Treasury, Labor and Health and Human Services in December.
The final regulations, effective on July 1, 2007, make clear that some, but not all, health promotion and disease prevention programs are subject to HIPAA's additional non-discrimination requirements.
The final regulations are similar to the proposed rules published in 2001, but have additional requirements for wellness programs to be permissible while also adding some helpful clarifications and modifications.
"The distinctions are nuanced but critical," says Frank Alvarez, Jackson Lewis partner and Coordinator of the Firm's Disability, Leave & Health Management Practice Group. "If the final regulations apply, it may be necessary for plan sponsors to modify premium discount or rewards and design more specific procedures for addressing the needs of employees who cannot satisfy the program requirements due to medical conditions." Alvarez notes, however, that the increased certainty provided by the new regulations may create opportunities to design programs that escape the HIPAA regulations. "If that can be done, there would be even greater flexibility in the types of wellness incentives employers may offer."
Join Wellness
Program Management Advisor and experts from Jackson Lewis
and Holtyn and Associates for a review of the final HIPAA
nondiscrimination and wellness program regulations in this special
90-minute audio conference on CD-ROM. The live conference
took place on February 8, 2007.
Agenda:
- Which wellness and disease management programs are subject the HIPAA’s nondiscrimination requirement
- Review of the HIPAA requirements for wellness programs
- The limitations on rewards for wellness programs
- The "reasonably designed" requirement to promote good health or prevent disease
- The “reasonable alternative standard” (or waiver of the applicable standard) for obtaining rewards
- What opportunities exist to design programs that escape the HIPAA regulations
- How to maintain successful, compliant wellness programs
- The ramifications of noncompliance
- How to avoid noncompliance with other federal or state laws, such as the Americans with Disabilities Act (ADA) while becoming HIPAA compliant
- Question and answer session
Listen in to this program with your staff members for a comprehensive review of final HIPAA nondiscrimination and wellness program regulations.
Who Will Benefit From This Audio Conference?
Workplace wellness managers, wellness/health educators, health
coordinators, human resources executives, risk managers, fitness center
managers, health promotion directors, wellness coordinators, staff
educators, employee assistance professionals, hospitals, managed care
organizations, health insurers, major employers, government employers,
colleges and universities, operations managers, plant managers,
exercise specialists, cardiopulmonary rehabilitation coordinators,
employee health services managers, employee health nurse managers,
occupational health directors, health systems administrators,
disability managers, corporate fitness managers, managed care
executives, disease management professionals, nurse managers, employee
relations administrators and consultants.
©2007 Health Resources Publishing