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Breakfast Briefing: What Medical Questions Can I Ask My Employees?

Health Risk Assessments, Wellness Programs, ACA Retaliation, and Drug Testing

Do you use Health Risk Assessments? Do you have a Wellness Program? Both can be great ideas, but also can create dangers if you are not aware of the new regulations and guidance. Labor & Employment attorney, Geoffrey S. Trotier, and Employee Benefits attorney, Kelly S. Kuglitsch, held a timely discussion addressing a critical question among today’s employers, “What medical questions can I ask my employees?”

The discussion included insights on the latest in drug testing, the ACA’s retaliation provisions, and the latest medical information battlegrounds for employers. The latest legal developments to be addressed include:

  • The May 2013 guidance on the interaction of employer wellness incentives and the Affordable Care Act’s ‘Play or Pay’ rules;
  • ACA retaliation claims;
  • New requirements for outcome-based wellness programs under the final June 2013 regulations;
  • Latest developments under HIPAA and GINA (Genetic Information Nondiscrimination Act);
  • Drug testing, medical exams, and recordkeeping;
  • State law and ADA issues in wellness program operation;
  • Avoiding unexpected tax surprises for employer and employee.

The content of this event was tailored toward business owners, Benefits and HR leaders considering implementing, maintaining, or amending a health-contingent workplace wellness program.

This complimentary seminar was held at the Crowne Plaza, Milwaukee West in Wauwatosa, WI on Thursday, September 19, 2013.