Carrot and Stick: COVID-19 Vaccine Incentives and Premium Surcharges

The recent surge in COVID-19 cases nationwide has upped the stakes for employers in their efforts to return employees to the workplace and provide a safe working environment. To address the still significant risk related to unvaccinated status, employers are evaluating several options that range from a nudge to a push. 

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Related Content

• COVID-19 Vaccine Considerations for Group Health Plans
  Learn what group health plan sponsors must understand about plan coverage requirements for vaccines. Novel coronavirus relief enacted in March requires group health plans and issuers to cover COVID-19 vaccines and other preventive services without cost sharing.
• COVID-19 Vaccination: Key Employment Law Issues
  Reference this practice note that provides guidance to employers in connection with COVID-19 vaccines, specifically including whether employers may require their workforce to be vaccinated for COVID-19 and whether employees can properly avoid being vaccinated.
• Vaccination in the Workplace State Law Survey
  Check out this survey which addresses state legislation, orders, rules, and guidance on mandating vaccines in the workplace or, conversely, prohibiting employers from requiring vaccinations for employees (including COVID-19 vaccines) beyond existing disability/medical or religious exceptions to mandatory vaccination.
• Wellness Program Design and Compliance
  Learn how employer-sponsored wellness programs have become increasingly common as employers attempt to control rising healthcare costs and improve employees’ overall health and productivity. Designing and operating a wellness program requires careful consideration of compliance obligations under a number of different laws including, but not limited to, ERISA, the IRC, COBRA, HIPAA, the Affordable Care Act, the Genetic Information Nondiscrimination Act of 2009 (GINA), and the Americans with Disabilities Act of 1990 (ADA).

Practical Guidance Updates

Featuring the latest updates from your Practical Guidance account.  

• Employee Benefits & Executive Compensation Key Legal Developments Tracker
  Stay informed on new developments.
  • Retirement Plans
    IRS modifies interim amendment deadline for preapproved plans under I.R.C. § 401(a) as the end of the second calendar year after the year in which the change in qualification requirements is effective (no longer determined by reference to employers’ tax-filing dates). Rev. Proc. 2021-38. 
  • Health and Welfare Plans
    DOL, HHS, and IRS have released proposed regulations for No Surprises Act and ACA transparency rule requirements under the Consolidated Appropriations Act, 2021, regarding (1) agency reporting requirements for plans, insurers, and providers regarding air ambulance services; (2) broker/agent compensation disclosure and reporting requirements for issuers offering individual coverage or short-term limited-duration insurance; and (3) HHS investigation and enforcement procedures. 86 Fed. Reg. __ (Sept. 16, 2021) (prepublication draft).
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

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• Recently Updated Practical Guidance Content
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