I’m sure you and those in your Agency who deal with health benefit questions from clients are being asked various questions about mandating that employees be vaccinated. Our first point is this: DO NOT OFFER LEGAL ADVICE. In this article I’ll point you to Federal resources where you can direct your clients.
The Equal Employment Opportunity Commission just announced their guidance on the issue of mandating vaccines, asking about vaccination status and inquiring as to whether family members have been exposed or have COVID. This guidance will answer a lot of questions your clients may have. As expert advisers, I would suggest that every agent become familiar with the information in this release. However I would recommend that you also forward this guidance to your client to allow them to make their own decisions on their individual circumstances. Below is the link to this guidance.
Another question we get frequently is from members who have clients with wellness plans. Recently the three main agencies involved with health benefits, Labor, Health and Human Services and Treasury (collectively, the Agencies) released Frequently Asked Questions (FAQ) on whether a group health plan can offer a premium discount for those who receive a COVID-19 vaccine or impose a surcharge to encourage vaccination. The short answer is yes to both scenarios, however the rules to follow are quite explicit. Those of you familiar with wellness plans know there are HIPAA, ACA and EEOC rules to follow, some of which seem to contradict each other. Therefore it’s critical that the plan be properly designed to stay in compliance with all of these rules. The FAQs are posted to our website.
Final note: Keep in mind when advising clients you need to review guidance from all agencies with responsibility for the issue in question. Not all Federal agencies coordinate their activities as many of you know from the conflict between ACA and EEOC wellness rules. Also, as another example, those of you who work on Form 5500 compliance know that the amnesty program for noncompliance is offered by DOL, and to date has not been embraced by Treasury. It’s important to be thorough, know when you are out of your comfort zone and when to look to the experts.
As always, any questions can be directed to the address on our website, maineahu@gmail.com
Dan Colacino
Vice President, MAHU
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