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Jones Day | USA | 6 Jul 2016

EEOC Issues Final Wellness Plan Regulations and Immediately Asserts Retroactive Effect

On May 16, 2016, the Equal Employment Opportunity Commission ("EEOC") finalized highly anticipated regulations that purport to define the extent to


Jones Day | USA | 1 Aug 2013

Employer wellness programs: what financial incentives are permitted under the law?

The rising cost of health care is a serious concern for employers who provide health benefits to their employees. In 1960, health care spending


Jones Day | USA | 21 May 2013

New Affordable Care Act notice to employees must be provided by October 1, 2013

The Affordable Care Act provides employees who are not offered health coverage by their employers with the option of purchasing health coverage


Jones Day | USA | 5 Jul 2010

The retiree-only plan exception: is it still effective after health care reform?

The recently enacted Patient Protection and Affordable Care Act ("PPACA") raises a question about the treatment of stand-alone retiree health plans under some provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), the Public Health Services Act, as amended (the "PHSA"), and the Internal Revenue Code of 1986, as amended (the "Code").


Jones Day | USA | 25 Jun 2010

Surprise for employers: no collective bargaining exception under health care reform

The Patient Protection and Affordable Care Act, as amended ("PPACA"), contains a provision titled "Preservation of Right to Maintain Existing Coverage."


Jones Day | USA | 19 May 2010

Coming of age: extended health coverage for children to age 26

The Patient Protection and Affordable Care Act, as amended ("PPACA"), requires group health plans that offer health coverage to employees' or subscribers' children to make such coverage available until the child's 26th birthday.


Jones Day | USA | 19 May 2010

The Early Retiree Reinsurance Program - U.S. employers to line up for $5 billion pool of federal funds

The Patient Protection and Affordable Care Act creates the Early Retiree Reinsurance Program (the "Program").


Jones Day | USA | 18 Feb 2010

New regulations for mental health and substance use disorder benefits: it's complicated!

In 2008, Congress passed the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (the "Act").


Jones Day | USA | 31 Oct 2009

Warning to employers: if your health risk assessment violates GINA, you may have to tell the IRS (and pay excise taxes)

As reported in an earlier Jones Day Commentary entitled "Open Enrollment AlertNo Reward Goes Unpunished," the Departments of Treasury, Labor, and Health and Human Services jointly issued interim final rules to implement certain provisions of the Genetic Information Nondiscrimination Act ("GINA"), including the prohibition on the collection of genetic information by group health plans and group health insurance issuers.


Jones Day | USA | 12 Oct 2009

Health plan open enrollment alert no reward goes unpunished

The Genetic Information Nondiscrimination Act of 2008 became law on May 21, 2008.

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