Final HIPAA Nondiscrimination Requirements and Wellness Program Rules Issued

January 01, 2007

The Departments of Treasury, Labor, and Health and Human Services recently published final rules prohibiting discrimination based on a health factor and adopting wellness program requriements. These rules were issued under the Health Insurance Portability and Accountability Act (HIPPA). For the most part, the final rules adopt the interim nondiscrimination regulations and the proposed wellness program regulations published in 2001. Previously, the Departments had stated that they would not take enforcement action against a plan or employer that had sought, in good faith, to comply with the interim and proposed HIPPA rules. This nonenforcement policy ends on the effective date of the final rules, February 12, 2007.

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