As we move closer to implementation of the California Consumer Privacy Act of 2018, companies should consider how the new law could affect their operations in multiple ways – including, for example, data collected through their employee benefit plans.
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HIPAA
Wellness Programs: A New Layer of Compliance
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The Equal Employment Opportunity Commission has issued proposed rules (“ADA Proposed Rules”) on the extent to which employers may offer incentives to promote participation in wellness programs without violating the Americans with Disabilities Act.
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ACA Update: Self-Insured Health Plans Required To Obtain Health Plan Identifier
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The Affordable Care Act required the Department of Health and Human Services (HHS) to establish a national health plan identifier (HPID) program under the HIPAA standard transactions rules. The resulting HHS rules generally require all HIPAA-covered entities, including self-insured plans with more than $5 million in annual claims, to obtain a HPID by November 5, 2014. Small self-insured health plans (i.e., those with annual claims of $5 million or less) will be required to obtain a HPID by November 5, 2015.
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The EEOC And Wellness Programs
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As the 2013 open enrollment season approaches, group health plan sponsors are trying to hold down health care costs. Implementing a wellness program may be part of that effort. The difficulty lies in designing a program that promotes wellness without running afoul of the Equal Employment Opportunity Commission (EEOC).
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