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A Second Bite At The Apple: EEOC Releases Plan For New Wellness Program Rule
Mathew A. Parker, Partner, Fisher Phillips LLP
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Do you have at least 50 full-time employees? If so, you’re an Applicable Large Employer under the Affordable Care Act — meaning you must offer “affordable” health insurance to your full-time employees, or risk penalties.
In 2012, the U.S. Supreme Court in NFIB v. Sebelius struck down a provision in the Patient Protection and Affordable Care Act (the “ACA”) which, for all intents and purposes, made the expansion of the Medicaid program voluntary for individual states.
Do you have at least 50 full-time employees? If so, you’re an Applicable Large Employer under the Affordable Care Act — meaning you must offer “affordable” health insurance to your full-time employees, or risk penalties.
Whether your employees are working from home or you’re implementing new policies to incorporate social distancing and other safety measures on-site, there’s a strong chance that your company operates differently today than it did a couple of months ago.
On the other hand, employers that wish to continue coverage for employees during a period of layoff or reduced work hours may run into trouble with their insurer (or reinsurer) if their plan does not allow for continuing coverage in these circumstances.
Most employers, in the absence of guidance from the EEOC, previously set this year’s wellness program incentives based upon their appetite for risk. Moving forward, you should be aware of this new development and monitor for the publication of the new proposed rule.
Even as companies prepare to reopen, HR leaders are continuing to keep their attention on how they’re responding to the COVID-19 crisis. But it’s also critical to start planning now for the challenges ahead.
COVID-19 has demonstrated that employee financial health is more relevant now than ever. Recent surveys have shown that more than half of employees cite financial health as their biggest concern amidst this pandemic.
Employee preferences for compensation and benefits have evolved significantly over the past decade. As many studies show, employees – millennials in particular – increasingly prioritize benefits over salaries when choosing where to work.