Implementing the Affordable Care Act, GINA, and other Discrimination Laws into Your Wellness Program

01:00 PM EDT | 10:00 AM PDT | 12:00 PM CDT Duration 90 Minutes

This activity has been approved for 1.5 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at

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Webinar Includes : All the training handouts , certificate ,Q/A and 90 mins Live Webinar


The federal government believes wellness programs can cut healthcare costs and decrease the cost of employer-sponsored health insurance by promoting health and preventing disease. The new federal regulations have divided wellness programs into two types with specific rules for each. A major piece of the regulations addresses the issue of employee discrimination based on health/disability, age, gender and other protected classes. The U. S. Department of Labor, the Treasury, and Health and Human Services regulations require that regardless of the type of wellness program, every individual participating should be able to receive the full amount of any reward or incentive, regardless of any health factor. Specific regulations have been created to prevent employee discrimination in wellness programs. Employers have until January 1, 2014 to ensure that their wellness programs comply with the final rule.

Wellness programs have progressed from merely a newsletter, exercise incentives and enhancing one’s diet, to a more comprehensive strategy to purposely try to improve employee health while decreasing the employer’s healthcare costs. Wellness programs are increasingly considered a benefit for the employee and used to incent and reward employee engagement with the program. One of the challenges that has been created along the way is discrimination of employees based on their protected class such as a disability, race, or gender. It is imperative for organizations to recognize the need to incorporate non-discriminatory options in their wellness strategy for all employees.

Areas Covered

- To provide examples of how wellness programs have resulted in discrimination lawsuits
- To explain the role that the ADA, GINA, FMLA, and other civil rights laws play in the design and development of your wellness strategy
- To provide specific examples of the alternative standards and why they are mandatory
- To list the benefits of a Wellness strategy to minimize healthcare costs for the organization and the employee
- To discuss the critical steps in designing and developing the Wellness strategy
- To plan an effective organization-wide implementation process
-To establish an effective evaluation method of the Wellness program

Learning Objectives:

- To differentiate between the two types of wellness programs and why it matters
- To list the four standards required by the ACA for health-contingent wellness programs to follow to ensure nondiscrimination
- To discuss HIPAA and specific discrimination laws and their requirements for compliance in wellness programs
- To contrast the reasonable alternative standard for activity-based wellness programs and the reasonable alternative standard for outcome-based plans
- To list the steps required for strategically planning a comprehensive wellness program

Who will Benefit

- CFOs
- Wellness Directors
- Risk Management Directors
- Occupational Health Nurse
- Employers and Business owners
- Human Resources Specialists and managers

Industries who can attend

This webinar is not specific to any industries. All Individual from any industry can attend

Speaker Profile

Dr Susan Strauss

Susan Strauss Ed.D. is an international speaker, trainer, consultant and recognized expert on harassment. She also conducts harassment and workplace bullying investigations and functions as a consultant to attorneys as well as an expert witness in harassment lawsuits. Her clients are from education, business, healthcare, law and government organizations from both the public and private sector. Dr. Strauss authored the book, Sexual Harassment and Teens: A Program for Positive Change, and co-authored, Girls and Boys Getting AlongTeaching Sexual Harassment in the Elementary Classroom, as well as book chapters and articles in professional journals regarding sexual harassment. She has been featured on The Donahue Show, CBS Evening News and other television and radio programs as well as interviewed for newspaper and journal articles such as Harvard Education Newsletter, Lawyers Weekly and Times of London. 

Dr. Strauss is the recipient of the Excellence in Educational Equity Award from the Minnesota Department of Education for her work in sexual harassment in education. Susan has spoken about sexual harassment in education at international conferences in Botswana, Egypt, Thailand and the U.S. She consulted with the Israeli Ministry of Education, as well as with educators from Israel, England, Australia, St. Maarten and Canada. She traveled to Poland and conducted research on sex discrimination and sexual harassment in Polish workplaces with Minnesota Advocates for Human Rights. Susan has a doctorate in organizational leadership. She is a registered nurse, has a bachelor's degree in psychology and counseling, a master's degree in public health, and professional certificate in training and development. She has been involved in the harassment arena since 1985.

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