Rule the Rules of Workplace Wellness Programs
Rule the Rules of Workplace Wellness Programs

Rule the Rules of Workplace Wellness Programs


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This book the authors provide some historical background as well as general information related to workplace wellness to help the reader glean a better understanding of the plethora of workplace wellness laws and how professionals and organizations should apply them.

Product Details

ISBN-13: 9781634257787
Publisher: American Bar Association
Publication date: 03/07/2018
Pages: 459
Product dimensions: 5.97(w) x 9.01(h) x 0.92(d)

About the Author

Barbara J. Zabawa, JD,MPH of Madison ,Wisconsin is the owner of the Center for Health and Wellness Law, LLC, a law firm dedicated to improving legal access and compliance for the health and wellness industries.

JoAnnEickhoff-Shemek, PhD, FACSM, FAWHP of Tampa, Florida is a professor in the Exercise Science program at the University of South Florida (USF). She served as the founding coordinator of this program from 2003-2012.

Table of Contents

Acknowledgments xiii

Preface xv

Disclaimer xxi

About the Authors xxiii

Introduction xxvii

1 Understanding the U.S. Legal System 1

Introduction 2

The Constitution and Three Branches of Government 2

Tort Law 8

Intentional Torts 9

Negligence 10

Strict Liability 16

Contract Law 17

Website Resources 19

Rule the Rules: Key Points in Chapter 1 20

Study Questions 21

Key Terms 22

2 A Solid Foundation 23

Introduction 24

Preventive Law 24

Therapeutic Jurisprudence 27

Preventive Law Strategies 28

Preventive Law and Best Practices in Workplace Wellness 30

Purposes of This Book 33

Rule the Rules: Key Points in Chapter 2 34

Study Questions 35

Key Terms 36

3 To Plan or Not to Plan: A Historical Look at the Employer-Employee Relationship and the Birth of Employee Health Benefits 37

Introduction 38

Why Are There So Many Laws for Workplace Wellness, Particularly for Group Health Plans? 41

The Impact of Group Health Plan Status on Workplace Wellness Programs 47

Rule the Rules: Key Points in Chapter 3 48

Study Questions 51

Key Terms 51

4 The Law of Wellness Incentives and Screening 53

Introduction 54


HIPAA History 57

HIPAA/ACA Provisions Related to Workplace Wellness 58

ADA 65

ADA History 65

ADA Provisions Relevant to Workplace Wellness 67

ADA Final Rule on Wellness Programs 69

The ADA Safe Harbor and Its Application to Workplace Wellness Programs 79


GINA History 87

GINA Provisions Related to Workplace Wellness 90

Financial Inducements and GINA 92

Final GINA Wellness Regulation 94

When Complying with HIPAA, ADA, and GINA Is Not Enough 101

Nudges versus Coercion 104

EEOC Cases Against Workplace Wellness Programs 106

Current Status of the EEOC Cases 109

Other Laws Affecting Screening 109

CLIA 110

State Screening Laws 112

Pre-Activity Screening Standards and Guidelines 112

Rule the Rules: Key Points in Chapter 4 115

Study Questions 120

Key Terms 121

Appendix 122

5 The Taxing Truth 129

Introduction 130

Origins of the U.S. Income Tax 130

The Social Purpose Behind Income Taxes 131

The Purpose Behind the Medical Care Expense Deduction 133

Taxation Issues of Wellness Incentives 135

Rule the Rules: Key Points in Chapter 5 143

Study Questions 144

Key Terms 145

6 Are They Qualified to Do That? 147

Introduction 148

Types of Credentialing 149

Accreditation 150

Licensure 157

Certification 162

Statutory Certification 165

Scope of Practice: The Legal Context 166

Criminal Charges 168

Civil Claims-Negligence 172

Scope of Practice and the Professional Standard of Care 173

Scope of Practice-Negligence Cases 176

Risk Management Strategies 185

Hiring of Employees 185

Training of Employees 187

Supervision of Employees 189

Independent Contractors and Wellness Vendors 190

Rule the Rules: Key Points in Chapter 6 194

Study Questions 195

Key Terms 196

7 Is That Part of Their Workday? 197

Introduction 198

The Federal Labor Standards Act 198

Workers' Compensation Statutes 202

Injuries Occurring in Workplace Fitness and Recreation Programs: Are They Compensable Under Workers' Compensation? 204

Workers' Compensation and Public Safety Officers 211

Voluntary Recreational Activities 215

Risk Management Strategies: Preventive Law 218

Rule the Rules: Key Points in Chapter 7 219

Study Questions 220

Key Terms 221

8 What About Stress? 223

Introduction 224

Comprehensive Workplace Wellness Programs Can Help 227

Preventive Law to the Rescue 230

Workers' Compensation Laws 230

What Workplace Wellness Lessons Can We Learn from These Cases? 236

Occupational Safety and Health Act (OSHA) 237

Americans with Disabilities Act (ADA) 240

Other Civil Rights Laws (Title VII, ADEA) 243

Mental Health Parity and Addiction Equity Act and the ACA 245

How Does the MHPAEA Affect EAPs? 247

Conclusion 251

Rule the Rules: Key Points in Chapter 8 251

Study Questions 253

Key Terms 254

9 Data Privacy: The Web We Have Weaved 255

Introduction 256

Origins and Importance of a Right to Privacy 257

Growth of Data Collection in Health and Wellness and Beyond 261

EHRs, HIEs, and Interoperability Efforts 263

Personalized Health Information 266

Big Data 270

Potential Dangers of Big Data 276

The Regulation of Privacy 280


HIPAA Privacy and Security in the Workplace Wellness Context 286

ADA 291

GINA 295

FTCA 298

Workplace Wellness Lessons to Be Learned from FTCA Cases 302

FTC Breach Notification Rule 303

What Does This Mean for Workplace Wellness? 307

FCRA 307

What Does FCRA Mean for Workplace Wellness? 315

GLBA 316

What Does GLBA Mean for Workplace Wellness? 320

Best Practices and Self-Regulation 321

Finding the Right Balance for Wellness 325

Rule the Rules: Key Points in Chapter 9 327

Study Questions 329

Key Terms 330

10 Moving Wellness to mHealth: A World of Heavier (FDA) Regulation 331

Introduction 332

The FDCA and Regulation of Medical Devices 335

Guidance for Mobile Medical Apps and Low-Risk Wellness Devices 340

Mobile Medical Apps Guidance 341

Guidance for Low-Risk Wellness Devices 347

Putting It Together 351

Decision Algorithm for General Wellness Products 352

Rule the Rules: Key Points in Chapter 10 353

Study Questions 354

Key Terms 355

11 What's Next for Workplace Wellness? 357

Introduction 358

Bridging the Divide Between Wellness and Health Care 358

The Impact of the ACA Provisions 363

Precision Wellness 373

Cultural Competency Training 374

Diversity in Leadership 375

Compliance Training, Standards, and Guidance 377

Workplace Wellness Industry Accomplishments 378

Compliance Training, Standards, and Guidance: The Missing Link for Workplace Wellness 380

Rule the Rules: Key Points in Chapter 11 384

Study Questions 385

Key Terms 386

Afterword 387

Glossary 389

Table of Cases 409

Index 413

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