As Congress looks at making significant changes to health insurance, wellness programs are playing a central role in the debate. Congress wants to encourage wellness programs and healthy lifestyles to help control the cost of health insurance and much of their interest is based on success stories from the private sector. But privacy advocates and some federal regulators take the position that wellness programs erode individual rights. Despite the regulatory uncertainties, more employers than ever are looking to wellness programs to control health insurance costs. Some employers are providing incentives to employees who participate in wellness programs, follow disease management protocols or choose to live healthy lifestyles. Other employers are imposing penalties on employees who smoke or refuse to participate in wellness initiatives. This teleconference explores the legal developments and requirements of wellness programs, including the design and taxation of incentives, laws that prohibit discrimination based on health factors, and exceptions for certain wellness and supplemental plans. Employers that link incentives or penalties to wellness initiatives face a number of risks, from ADA claims to tax penalties for failing to properly report and withhold income and employment taxes. This teleconference is a must for human resource professionals, attorneys and others who advise employers on wellness plans and policies designed to promote a healthier workplace.

Faculty: Tim D.S. Goodman, Mark Kinney, Dorsey & Whitney LLP