December 2015, Center for Health Law Equity, LLC Newsletter
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Want a $50 Amazon Gift Card for the Holidays?  There is Still Time to take the 5-Minute Survey!

Many thanks to those of you who took five minutes of your time to fill out a simple, check-the-box survey.  For those of you who would like to contribute your thoughts on wellness industry needs for compliance services, we have extended the deadline to Friday, December 11th to fill out the online survey and be entered into a drawing for a chance to win a $50 Amazon Gift Card.  Make your holidays a little brighter and CFHLE a little wiser with your input.  It will be painless, we promise! 
Click here < to take the survey

Guidance for Wellness Programs in Grandfathered Plans.

On November 18, 2015, the Departments of Treasury, Labor and Health and Human Services published in the Federal Register the Final Rules for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protections under the Affordable Care Act (ACA).  If you are involved with administering health benefits in the individual or group markets, it would be a good idea to familiarize yourself with the provisions of these final rules.  You can access the final rules here
One of the provisions in the final rules involves grandfathered status of health plans and wellness programs.  According to the preamble to the final rules and a Department of Labor Frequently Asked Question, group health plans will not lose their grandfather plan status by offering premium discounts or additional benefits to reward healthy behaviors by wellness program participants.  However, wellness program penalties such as cost-sharing surcharges, could be considered to change a health plan so significantly that such penalties will cause a group health plan to lose its grandfather status.  So, if your plan is a grandfathered plan under the ACA, be wary of incentives that serve as penalties in a wellness program; they may adversely impact your grandfather status!

Are you Taking Advantage of the Wisconsin Small Business Workplace Wellness Grant Program?

If you do business in Wisconsin or know of Wisconsin businesses who have 50 or fewer employees, please help spread the word of the Wisconsin Workplace Wellness Grant Program.  The program gives out grants totaling $3,000,000 statewide each year through 2018 to small business that start a workplace wellness program.  The grant pays for 30% of wellness program costs for one year (with a $15,000 cap). 
It is up to those who work with workplace wellness programs to communicate the availability of the grant program.  Help increase the number of businesses with workplace wellness programs by educating the small business community about the grant.  To learn more about the grant program, click here
Have health or wellness law questions?  
That’s why CfHLE is here!  Please contact us to consider using CfHLE as your go-to health or wellness law resource!
Happy Holidays!  See you in 2016!

Like Us on Facebook, Google+ and LinkedIn!
Please follow the Center for Health Law Equity, LLC’s on LinkedIn, Google+ and Facebook and “Like” our page.  We try to post updates and articles of interest to health and wellness professionals and organizations on each of these social media sites.  We would love to have you as part of our social media family!
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FAQ Spotlight:  If an employee earns a gift card through a workplace wellness program and receives the gift card directly from the wellness vendor, who is responsible for reporting the gift card income on Form W-2?

Answer:  The employer.  Gift cards are taxable income, regardless of amount.  The employer, not the vendor is responsible for reporting the gift cards as taxable income because the vendor is merely acting as the employer’s agent in providing compensation to the employer’s employees.
Any Other Questions?
If you have any questions or ideas that might be useful to share in this monthly newsletter, please forward those questions or ideas to us at  We want to make this newsletter a helpful resource.
Copyright © 2015 The Center for Health Law Equity, LLC, All rights reserved.

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