Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Wellness Programs
Wellness programs have become a popular tool for insurance companies and employers. Insurance companies market wellness programs as a method to reduce health insurance costs. Employers use these programs as both a benefit to employees and a cost-saving measure to reduce insurance costs, improve productivity and reduce absenteeism caused by injury or illness. The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Many programs begin with a health-risk assessment in which employees complete a health questionnaire and/or submit to height, weight, cholesterol and other screenings to obtain an assessment of their risk factors and health status. Incentives are often provided for program participation and/or achievement of health goals. Although at first glance these wellness programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
However, wellness programs have the potential to run afoul of both the Americans with Disabilities Act of 1990 ('ADA') and the Health Insurance Portability and Accountability Act of 1996 ('HIPAA'). The ADA prohibits discrimination against an individual with a disability, and prohibits certain medical exams and inquiries of employees. HIPAA prohibits discrimination in the provision of health insurance or its costs due to a health-related factor. Both laws provide exceptions for certain wellness programs. Unfortunately, a wellness program that complies with one law does not necessarily comply with the other.
The Americans with Disabilities Act
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?