Rule the Rules of Workplace Wellness Programs, Second Edition

Name: Rule the Rules of Workplace Wellness Programs, Second Edition
Brand: American Bar Association
Price: 137.99 EUR
Availability: OnlineOnly

Barbara J. Zabawa Joann Eickhoff-Shemek(Autor*in)

American Bar Association (Verlag)

Erschienen am 2. Mai 2022

520 Seiten

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978-1-64105-898-8 (ISBN)

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Inhalt

Intro
Title Page
Copyright Page
Contents
Acknowledgments
Preface
Disclaimer
About the Authors
Introduction
1 Understanding the U.S. Legal System
Introduction
The Constitution and Three Branches of Government
Tort Law
Intentional Torts
Negligence
Strict Liability
Contract Law
Website Resources
Rule the Rules:
Key Points in Chapter 1
Study Questions
Key Terms
2 A Solid Foundation
Introduction
Preventive Law
Therapeutic Jurisprudence
Preventive Law Strategies
Preventive Law and Best Practices in Workplace Wellness
Purposes of This Book
Rule the Rules:
Key Points in Chapter 2
Study Questions
Key Terms
3 To Plan or Not to Plan: A Historical Look at the Employer-Employee Relationship and the Birth of Employee Health Benefits
Introduction
Why Are There So Many Laws for Workplace Wellness, Particularly for Group Health Plans?
The Impact of Group Health Plan Status on Workplace Wellness Programs
Rule the Rules:
Key Points in Chapter 3
Study Questions
Key Terms
4 The Law of Wellness Incentives and Screening
Introduction
HIPAA/ACA
HIPAA History
HIPAA/ACA Provisions Related to Workplace Wellness
ADA
ADA History
ADA Provisions Relevant to Workplace Wellness
ADA Rule on Wellness Programs
The ADA Safe Harbor and Its Application to Workplace Wellness Programs
EEOC's About-Face in 2021 on the Insurance Safe Harbor
GINA
GINA History
GINA Provisions Related to Workplace Wellness
Financial Inducements and GINA
The GINA Wellness Regulation
When Complying with HIPAA, ADA, and GINA Is Not Enough
Nudges Versus Coercion
EEOC Cases Against Workplace Wellness Programs
Current Status of the EEOC Cases
Employee Cases Against Workplace Wellness Programs
Other Laws Affecting Screening
CLIA
State Screening Laws
Pre-Activity Screening Standards and Guidelines
Rule the Rules:
Key Points in Chapter 4
Study Questions
Key Terms
Appendix
5 The Taxing Truth
Introduction
Origins of the U.S. Income Tax
The Social Purpose Behind Income Taxes
The Purpose Behind the Medical Care Expense Deduction
Taxation Issues of Wellness Incentives
Rule the Rules:
Key Points in Chapter 5
Study Questions
Key Terms
6 Are They Qualified to Do That?
Introduction
Types of Credentialing
Accreditation
Licensure
Certification
Statutory Certification
Licensing Reform: Changes in the Practice of Dietetics
Scope of Practice: The Legal Context
Criminal Charges
Civil Claims-Negligence
Scope of Practice and the Professional Standard of Care
Scope of Practice-Negligence Cases
Risk Management Strategies
Hiring of Employees
Training of Employees
Supervision of Employees
Independent Contractors and Wellness Vendors
Rule the Rules:
Key Points in Chapter 6
Study Questions
Key Terms
7 Is That Part of Their Workday?
Introduction
The Federal Labor Standards Act
Workers' Compensation Statutes
Injuries Occurring in Workplace Fitness and Recreation Programs: Are They Compensable Under Workers' Compensation?
Workers' Compensation and Public Safety Officers
Voluntary Recreational Activities
Risk Management Strategies: Preventive Law
Rule the Rules:
Key Points in Chapter 7
Study Questions
Key Terms
8 What About Stress?
Introduction
Comprehensive Workplace Wellness Programs Can Help
Preventive Law to the Rescue
Workers' Compensation Laws
What Workplace Wellness Lessons Can We Learn from These Cases?
Occupational Safety and Health Act (OSHA)
Americans with Disabilities Act (ADA)
Other Civil Rights Laws (Title VII, ADEA)
Mental Health Parity and Addiction Equity Act and the ACA
How Does the MHPAEA Affect EAPs?
A Word About Mindfulness and Coaching
Conclusion
Rule the Rules:
Key Points in Chapter 8
Study Questions
Key Terms
9 Data Privacy: The Web We Have Weaved
Introduction
Origins and Importance of a Right to Privacy
Growth of Data Collection in Health and Wellness and Beyond
EHRs, HIEs, and Interoperability Efforts
Personalized Health Information
Big Data
Potential Dangers of Big Data
The Regulation of Privacy
HIPAA
HIPAA Privacy and Security in the Workplace Wellness Context
ADA
GINA
FTCA
Workplace Wellness Lessons to Be Learned from FTCA Cases
FTC Breach Notification Rule
What Does This Mean for Workplace Wellness?
FCRA
What Does FCRA Mean for Workplace Wellness?
GLBA
What Does GLBA Mean for Workplace Wellness?
Best Practices and Self-Regulation
Finding the Right Balance for Wellness
Rule the Rules:
Key Points in Chapter 9
Study Questions
Key Terms
10 FDA Regulation of Wellness Products
Introduction
The FDCA and Regulation of Medical and Wellness Devices
Guidance for Mobile Medical Apps and Low-Risk Wellness Devices
Mobile Medical Apps Guidance
Guidance for Low-Risk Wellness Devices
Putting It Together
Decision Algorithm for General Wellness Products
FDA Regulation of Other Wellness Products Like Drugs, Dietary Supplements, and Cosmetics
Brief Overview of FDA Drug Regulation
Brief Overview of Non-Drug FDA Regulation
Conclusion
Rule the Rules:
Key Points in Chapter 10
Study Questions
Key Terms
11 What's Next for Workplace Wellness?
Introduction
Bridging the Divide Between Wellness and Health Care
The Impact of the ACA Provisions
Precision Wellness
Cultural Competency Training
Diversity in Leadership
Compliance Training, Standards, and Guidance
Workplace Wellness Industry Accomplishments
Compliance Training, Standards, and Guidance: The Missing Link for Workplace Wellness
Rule the Rules:
Key Points in Chapter 11
Study Questions
Key Terms
Afterword
Glossary
Table of Cases
Index
Back Cover

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