BarbriSFCourseDetails

Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, May 20, 2025

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$297.00

This CLE webinar will provide ERISA counsel and plan sponsors a detailed analysis of recent litigation involving tobacco cessation wellness programs and ERISA and HIPAA compliance. The panel will discuss tobacco surcharges and wellness program requirements under ERISA, the ACA, and HIPAA; the regulatory framework impacting the design and implementation of tobacco cessation wellness programs; recent class action lawsuits and employer liability; and next steps for plan sponsors and fiduciaries.

Faculty

Camp Lindsey
Shareholder
Holland & Knight LLP

Ms.Camp is a litigation attorney in Holland & Knight's West Palm Beach and Atlanta offices. She defends companies, fiduciaries and executives throughout the United States in Employee Retirement Income Security Act of 1974 (ERISA), labor and employment, and business disputes. Ms.Camp has experience litigating complex cases involving ERISA, federal securities laws, federal whistleblower statutes, anti-discrimination laws, trade secrets and business disputes. During the course of her career, she has defended a number of class actions and ERISA breach of fiduciary duty actions. Ms. Camp also has experience with matters involving employee stock ownership plans (ESOPs), 401(k) plans, Consolidated Omnibus Budget Reconciliation Act (COBRA) notices, medical benefit plans, securities fraud, and trade secrets and covenants-not-to-compete. She has significant experience successfully litigating these cases to settlement, summary judgment and verdict. Ms. Camp is a frequent lecturer and writer on a wide range of ESOP, employee benefits, employment- and business-related issues, including ERISA compliance and preemption, and U.S. Department of Labor (DOL) audits and investigations.

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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.

Outline

  • Regulatory framework
    • ERISA
    • HIPAA
    • ACA
  • Program design and implementation
  • Recent lawsuits
  • Next steps for plan sponsors and fiduciaries


Benefits

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 have 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?