The DOL has issued two new FAQs regarding wellness benefits that reflect the EEOC proposed rules. The first question addresses what it means for a health contingent program to be “reasonably designed” to promote health or prevent disease. Programs that collect sensitive health information without providing assistance to modify behavior (such as stopping smoking, managing diabetes, losing weight) may fail to meet the requirement of improving health or preventing disease and may be scrutinized and subject to enforcement action by the DOL. The second question emphasizes that compliance with the DOL’s wellness program regulations does not confirm compliance with other federal laws, including the ADA, ERISA, the Code, and that it does not affect the tax treatment of any rewards under the program. Perhaps because of the additional proposed disclosure requirements in the EEOC’s proposed rule, this FAQ also makes clear that wellness programs may have to comply with other disclosure laws. The FAQs are available here.
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.