Employee Assistance Programs (EAPs) are work-based programs offering resources like counseling and financial advice to help employees address personal challenges. When EAPs provide medical benefits, they are subject to regulations like ERISA, COBRA, HIPAA, and the ACA. Click here for article.
EAPs providing medical care, such as counseling, are classified as group health plans and must comply with regulations like ERISA and HIPAA.
Employers should ensure EAPs do not restrict access to mental health or substance use disorder benefits within their group medical plans.
Compliance requirements for EAPs differ if they are stand-alone or part of the larger group health plan.
EAPs offering significant medical care benefits may affect employees’ eligibility for Health Savings Account (HSA) contributions.
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