BarbriSFCourseDetails
  • videocam On-Demand
  • calendar_month May 20, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 1:00 p.m. ET./10:00 a.m. PT

ERISA Compliance and Tobacco Cessation Wellness Programs: Recent Litigation and Key Issues for Plan Sponsors

Regulatory Framework, Program Design Considerations, Availability and Alternative Standards, Litigation Tactics, Pitfalls to Avoid

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

A number of class action lawsuits have been filed against group health plans claiming that tobacco cessation wellness programs violate ERISA and HIPAA provisions. Plan sponsors and counsel must understand key provisions and requirements when structuring and implementing tobacco cessation wellness programs to minimize potential litigation and penalties.

Tobacco cessation wellness programs are designed to encourage wellness for participants in a group health plan. Under Section 702(b) of ERISA, a plan may charge a participant an insurance premium based on a health-status related factor if they fail to adhere to a program designed to promote health and disease prevention. However, recent lawsuits allege that employer-sponsored group health plans imposing surcharges on tobacco users' premiums violate HIPAA nondiscrimination rules and fiduciary duties under ERISA.

Plan sponsors and counsel must navigate the nuances of ERISA and HIPAA requirements and reevaluate these program structures for these wellness programs in order to ensure compliance and avoid litigation and penalties.

Listen as our panel discusses tobacco surcharges and wellness program requirements under ERISA, the ACA, and HIPAA, recent class action lawsuits and employer liability, and next steps for plan sponsors and fiduciaries.

Presented By

Anjelica Houston
Lee's Test Firm

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, May 20, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Regulatory framework
    1. ERISA
    2. HIPAA
    3. ACA
  2. Program design and implementation
  3. Recent lawsuits
  4. Next steps for plan sponsors and fiduciaries

The panel will discuss these and other key issues:

  • What are the applicable provisions for tobacco wellness programs under federal law?
  • What factors must be considered when structuring a tobacco cessation wellness program as part of a group health plan?
  • What has been the areas of focus for plaintiffs in recent class action lawsuits?
  • What steps must plan sponsors and fiduciaries take to ensure compliance in light of recent lawsuits?