Workplace Wellness Programs—ERISA, COBRA and HIPAA
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A workplace wellness program may be subject to a number of different federal laws, depending on how the program is structured. An employer’s wellness program that provides medical care (for example, biometric screenings) is generally subject to ERISA, COBRA and the HIPAA privacy and security rules. These laws require employers to:
Explain the wellness program’s terms in a summary plan description (SPD);
Provide qualified beneficiaries with the opportunity to elect COBRA coverage after experiencing a qualifying event; and
Protect the individually identifiable health information collected from or created about participants in the wellness program.
To simplify their compliance obligations, employers often incorporate their wellness programs into their group health plans. This would allow them, for example, to include the wellness program in the group health plan’s SPD.
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