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Employee Wellness Programs - Nondiscrimination and Privacy Issues
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Employers are showing increasing interest in improving the overall health of their employees. Doing so is not only in the employees' interest, but can also reduce absenteeism and claims incurred under the employer's health plan. Many vendors are hoping to get in on the action. As they implement wellness programs, however, employers will want to keep in mind the constraints imposed by various federal laws, including the nondiscrimination and privacy provisions of HIPAA, COBRA, the ADA,the ADEA, and ERISA.
These constraints will be summarized in this presentation, along with examples showing what to do and what not to do in this area.
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"The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."
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Presenters: |
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Gregory L. Ash, Partner - Spencer Fane Britt & Browne LLP
Greg is a partner in Spencer Fane's Overland Park office, where he is a member of the firm's Employee Benefits Group and Chair of its ERISA Litigation Group. For over 15 years Greg's practice has focused exclusively on ERISA and other laws governing employee benefits, including matters affecting pension, profit sharing, ESOP, 401(k), executive compensation, and welfare plans. He regularly counsels clients of all sizes - including multiemployer "Taft-Hartley" funds, Fortune 100 corporations, small privately-held employers, and boards of directors - on benefits issues such as executive deferred compensation, plan design and administration, and fiduciary compliance.
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Lawrence Jenab, Associate - Spencer Fane Britt & Browne LLP
Larry is an associate in our Employee Benefits and ERISA Litigation groups. His practice emphasizes ERISA and other aspects of employee benefits law, including tax and fiduciary matters. He also has experience successfully litigating complex ERISA preemption and standing issues. Larry received his Master's Degree with Honors and his juris doctor from the University of Kansas, where he was Editor in Chief of the Kansas Law Review. He received the C.C. Stewart Award for graduating first in his class and is a member of Phi Beta Kappa and the Order of the Coif. Before joining Spencer Fane, Larry served as law clerk to the Honorable Deanell Reece Tacha, Chief Judge of the U.S. Court of Appeals, Tenth Circuit, and as Lecturer in Law at the University of Kansas, where he taught Civil Procedure. Larry also worked for the Japanese Ministry of Education, serving in Miyazaki Prefecture, where he taught high school English. He also attended the Musician's Institute in Hollywood, California, where he studied guitar performance. Larry's recent lecture topics include employee wellness programs and ERISA health-plan reimbursement actions.
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