Structuring Employee Wellness Programs: Impact of Final DOL and HHS Regulations

Complying with New ACA Mandates and Navigating Other Laws Affecting Program Design and Implementation

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, November 5, 2013

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will discuss final ACA regulations for employee wellness programs, the compliance mandates, and best practices for compliance. The program will also address the anti-discrimination statutory regimes that impact the design and implementation of a successful wellness program such as the ADA, Title VII, GINA, ADEA and HIPAA.


Employee wellness programs have become an increasingly popular tool for employers to combat rising healthcare costs. The ACA creates even greater incentives for companies to implement wellness programs. In July 2013, DOL and HHS issued final regulations governing wellness programs under the ACA.

The final regulations clarify ambiguities in existing regulations for nondiscriminatory wellness programs. They also expand the maximum awards for health-contingent programs and impose five compliance requirements for these programs. Compliance is effective for plan years on or after Jan. 1, 2014.

Employers must navigate a myriad of other laws impacting the design and implementation of a wellness program, including the ADA, Title VII, GINA, ADEA and HIPAA. Earlier this year the EEOC held hearings on the need for guidance on how employers can avoid violating anti-discrimination laws.

Listen as our authoritative panel of practitioners guides you through the final ACA regulations for wellness programs, compliance mandates, and best practices for compliance. The program will also address the non-ACA statutory regimes (ADA, Title VII, GINA, ADEA and HIPAA) that impact the design and implementation of an employee wellness program.



  1. Analysis of final regulations
    1. Participatory wellness programs
    2. Health-contingent wellness programs
      1. Five requirements
      2. Reward
      3. Reasonable alternative standard
      4. Penalties for noncompliance
  2. Anti-discrimination laws impacting design and implementation of wellness programs
    1. ADA
    2. ADEA
    3. GINA
    4. Title VII
    5. HIPAA


The panel will review these and other key questions:

  • What are the increased incentives provided under the ACA for employers to adopt wellness programs?
  • What requirements must health-contingent wellness programs meet under the final ACA regulations?
  • What are the pitfalls under the ADA in designing and implementing wellness programs—what guidance has the EEOC provided?
  • What potential discrimination issues can arise under Title VII and the ADEA with respect to program design?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Kate Saracene
Kate Saracene

Nixon Peabody

Ms. Saracene’s focus is on helping employers, insurance brokers and third-party administrators navigate the...  |  Read More

Allison Ullman
Allison Ullman

Crowell Moring

Ms. Ullman advises clients on a wide range of federal tax and ERISA matters regarding employee benefits, including...  |  Read More

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