Pages 2-3 of 5 pages. Excerpt: The American Bar Association, Joint Committee on Employee Benefits recently posed a number of questions to the Department of Labor (DOL), including a question regarding when a wellness program will be considered an ERISA plan. (While an agency staff opinion is non-binding, it often provides useful information as to staff interpretation.) The DOL staff noted that a wellness program is only subject to the HIPAA nondiscrimination rules for wellness programs if it is part of an ERISA health plan as defined in ERISA section 3(1).  MORE >>