Pillsbury Winthrop Shaw Pittman

Final wellness regulations create new programme categories and complications

By Christine L Richardson, Thomas N Makris and Matthew C Ryan

The departments of labour, treasury and health and human services (the ‘departments’) recently published final Affordable Care Act (ACA) regulations on wellness programmes, effective in 2014. The regulations retain the existing distinction between participatory and health-contingent wellness programmes, but clarify that many wellness programmes have been incorrectly classified as participatory. The regulations also split health-contingent wellness programmes into two subcategories subject to new requirements. While reviewing programmes for consistency with these regulations, plans must simultaneously track state and Equal Employment Opportunity Commission regulatory efforts.

Right now, healthcare cost containment is a top priority for employers, employees and the departments. In this environment, attention has inevitably turned to employer wellness programmes and their potential for improving employee health, reducing long-term costs and providing immediate returns on investment. A recent RAND Corporation report confirms this trend, finding that more than 60 per cent of employers with 100 or more employees sponsor a wellness programme…

If you are registered and logged in to the site, click on the link below to read the rest of the Pillsbury briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.


Tower 42, Level 23
25 Old Broad Street