ERIC Says Lack of Clear Federal Guidance Undermines Workplace Wellness Programs
MyHealthGuide Source: The ERISA Industry Committee (ERIC), 3/9/2011, www.eric.org
Washington, DC — In a letter sent to the key regulatory agencies overseeing issues affecting workplace wellness programs, The ERISA Industry Committee (ERIC) urged the agencies to address specific points raised in the letter in order to encourage employers to support workplace wellness programs.
“Congress made clear when it enacted the Patient Protection and Affordable Care Act (ACA) that employers should be encouraged to offer these valuable programs to their workers. Members of the Administration, including the President himself, have publicly recognized the value of wellness programs. In spite of these expressions of support, however, employers are discouraged from investing in workplace wellness programs because the regulations governing these programs are unclear and sometimes inconsistent,” said ERIC President Mark Ugoretz and ERIC Senior Vice President for Health Policy Gretchen Young.
ERIC’s letter contends that the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA) all potentially apply to workplace wellness programs, and that further regulatory efforts by the Agencies could threaten the viability of these programs.
“Although the Agencies have issued regulations explaining how HIPAA and GINA apply to wellness programs, important issues remain unresolved under all three statutes. Employers are reluctant to invest additional time and money in developing their wellness programs until the applicable law is clarified,” Ugoretz and Young said.
In particular, ERIC argues that employers need further guidance concerning the incentives they can offer their workers to participate in wellness programs, clear rules explaining how the ADA applies to workplace wellness programs, and clarification of regulations interpreting GINA that provide conflicting guidance about the use of family medical history to identify employees who would benefit from wellness programs.
“Wellness programs are one of the few remaining tools that can help rein in spiraling healthcare costs. It would be counterproductive from a cost-containment perspective, as well as from the standpoint of improving Americans’ health, if future guidance were to limit the effectiveness of workplace wellness programs. Instead, the Agencies should assist employers in their efforts to address the serious health problems of workers and their families.”
About ERIC
Since 1976, The ERISA Industry Committee (ERIC) has remained the only organization in Washington, DC committed exclusively to the employee benefits interests of America’s major employers. Our action on legislation, regulations, and other matters is determined solely by our members who are directly responsible for benefits policy within their companies. As a result, ERIC has been extremely influential and successful in its efforts and its mission. Visit www.eric.org.
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