The EEOC exists to protect employees against undue discrimination that come in many stripes. A battle between the EEOC and what HIPAA allows and promotes as a “wellness plan” has been going on for several years. On January 7, 2021 the EEOC released their Proposed Regulations to address the inconsistencies between the two regulatory agencies and hopefully put to bed the conflicts they have created for employers. We are in the 60-day comment period as of this writing, so these proposed regulations have yet to be codified. And to be sure, there will be more rules written when the dust settles as to what all this may mean for employers who seek to materially incentivize employees to take better care of themselves.
We are committed to staying fully abreast of these rules as they come together and sharing with our clients our knowledge and guidance.
Blessings to all,
Trump Executive Order
Prescription Executive Order
Importing Prescriptions Executive Order
Drug Rebate Executive Order