In general, a wellness program may be governed by ERISA if it provides medical care or if compliance with the wellness program affects premiums, cost sharing, or other benefits under the terms of the plan. The term "medical care" includes amounts paid for the "diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body," whether directly or through insurance, reimbursement, or otherwise. A wellness program that offers individualized care provided by a trained professional is more likely to be ERISA-covered than one that provides, for example, only general education programs.
If the wellness program is ERISA-covered, it might be prudent to list the wellness program as a separate component benefit plan in the Wrap (with the details to be contained in the benefit component documents).
Even if the wellness program is not ERISA-covered (i.e., it is exempt from ERISA's reporting and disclosure requirements and is therefore not legally required to be included in the Wrap SPD and Wrap Plan Document), it would be prudent to inform employees about the terms and conditions of the benefit in some manner. Please note that non-ERISA benefits are sometimes included in the Wrap templates by employers who choose, for administrative convenience, to communicate all benefits to which a participant may be entitled in a single document. Determining which non-ERISA benefits to include in the Wrap is ultimately at the employer's discretion.
The information above should be used for general reference purposes only. The determination of whether a particular program may be excluded from ERISA is very complex, and therefore it would be prudent to consult with qualified legal counsel or a benefits specialist, as Wrap360 cannot offer legal advice.