As the traditional health system continues to fail patients and providers alike, more people are turning to wellness to fill in the gaping hole left by traditional health care. For those wellness practitioners wanting to serve clients as a health, wellness or lifestyle coach, aruveyda or reiki practitioner, yoga instructor, personal trainer, massage therapist, holistic health practitioner, functional medicine practitioner, nutrition counselor or many of the other titles that identify as wellness, a critical question you may ask is
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What are the Legal Risks of Delivering Wellness Services without a License, and What Qualifies as Wellness Services Anyway?
It may come as a surprise that many services we classify as “wellness services” do not require a state-issued license, either for the practitioner delivering the service or the business offering the service. Some practitioners believe that a certification from a wellness education provider, such as for health coaches, reiki practitioners, mindfulness practitioners, personal trainers, yoga instructors, nutrition consultants, energy healers, just to name a few, is the same as a state-issued license.
It is not.
Having a certification
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Who Will Lead the Ethical Wellness Movement?
As a wellness lawyer, I hear all kinds of complaints from all kinds of different stakeholders in the wellness industry. Lately, I have been hearing from people wronged by health and business coaches. These individuals have been hurt emotionally and financially by unethical coaches. This emotional or financial injury may occur because the coach oversteps their scope of practice, or because their business policies, such as refunds or payment policies, are inequitable and unethical.
As I write my next
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Massachusetts’ Workplace Wellness Program Law May Set the Standard
Many people may not realize that some states have workplace wellness program laws; it’s not just the province of the federal government. Massachusetts happens to have one of the most comprehensive workplace wellness program laws, and it may just set the bar for other states to follow.
Specifically, Massachusetts has a law that applies to Certified Group Purchasing Cooperative Wellness Programs (or entities that contract with such cooperatives). See 211 CMR 115.15.
Read more here.
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Don’t Forget About State Workplace Wellness Laws
Most of the conversation around workplace wellness compliance has focused on federal law compliance, such as with HIPAA, ACA, ADA, and GINA. But some states have also enacted laws that are important to workplace wellness program compliance. This blog post will highlight two state laws and examine whether more such laws are needed.
New York
New York Insurance Law § 3239 allows insurers, companies and municipal cooperative health benefits plans in New York to establish “wellness programs” in conjunction
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New IRS Memorandum Confirms Certain Wellness Benefits are Taxable
On May 9, 2023, the IRS Office of Chief Counsel issued Memorandum #202323006 which clarified whether certain wellness incentive payments are subject to the Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA) and federal income tax withholding (FITW), or collectively known as “employment taxes.
The scenario described by the IRS is this:
An employer provides comprehensive health benefits through a group health plan (GHP). The GHP provides preventive care benefits such as reimbursements for the cost of
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Who’s Responsible for Complying with Federal Workplace Wellness Laws? A Recent Lawsuit Provides Insight
On April 17, 2020, Todd Maness (“Maness”), a police officer employed by the Village of Pinehurst in North Carolina, sued his employer for terminating his employment. Why was he terminated? According to Maness, the Village fired him because he refused to fill out a health risk assessment which was created by a wellness vendor, SiteMed. Maness claimed that his termination for refusing to answer questions about his and his family members’ health violated the Americans with Disabilities Act (ADA)
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Can Licensed Health Care Professionals Use Telehealth to Help Patients Nationally?
Telemedicine has become increasingly popular, especially with advancements in technology and the need for convenient and accessible healthcare. Many licensed healthcare professionals, including doctors, nurses, therapists, and specialists, are utilizing telemedicine to provide consultations, advice, prescriptions, and ongoing care to patients across the country.
Through telemedicine, healthcare professionals can conduct virtual appointments, review medical records, discuss symptoms, provide guidance on managing chronic conditions, and even monitor certain vital signs remotely. Patients can communicate with healthcare providers using video calls,
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What’s the Difference between a Nurse Coach and a Health Coach?
Lately our firm has had a lot of clients with nursing background come to us to escape their employment as a nurse in a hospital or other traditional health care organization, or to start a side business as a nurse coach, IV hydration business owner, med spa owner, or combination of all three. Why they are fleeing traditional medical care facilities, or at least branching out to the wellness world is simple: burnout. According to a 2022 Surgeon General
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More Employees Sue Workplace Wellness Programs
On February 24, 2023, Leanne Diment, on behalf of a proposed class of employees of Quad Graphics and Rise Interactive Media & Analytics, sued her employer for violating the Americans with Disabilities Act (ADA). Specifically, she alleges that her employer forced her to undergo a biometric screen with her physician to avoid having to pay over $1800 more each year in health insurance premium. See Complaint, dkt. #1, Diment v. Quad Graphics, Inc. Case No. 23-cv-1173 (N.D. Ill. 2023).
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Should Nurses or other Wellness Providers Sign a Contract with an IV Hydration Company?
Lately our firm has received a lot of inquiries from registered nurses who want to start an IV hydration business. Burned out from working in hospitals and long term care facilities, particularly in the aftermath of COVID19, many nurses are looking to use their skills in more satisfying and profitable ways. IV hydration businesses are becoming a popular way to put nursing skills to good use. Such businesses often focus on helping people recover from hangovers or just improve
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Introduction to Health Coach Laws in Florida
As you embark on your new career path as a health coach, making sure that your business remains in compliance with Florida health coach laws will be essential. Failure to do so could be devastating for your new business and put you at risk of penalties.
However, these laws can often be complex. Our health coach attorneys at Wellness Law, LLC, are here to help you understand how these laws could affect your business and clients and ensure your
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Massage Liability Waivers: What You Need to Know
Your massage therapy business needs to have massage liability waivers in place before you do any work on clients. This can help protect you or any massage therapists you employ if your client subsequently suffers an injury due to their massage therapy session.
However, it is important to ensure that your massage liability waivers are written in a way that does not invalidate the waiver, as this could leave your massage therapists and business open for potential litigation.
Here
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Advance Care Planning is Critical to Overall Wellbeing
This article aims to promote incorporating Advance Care Planning (ACP) into health promotion work. ACP can serve as a tool and framework to engage in broader discussions about an individual’s social and structural drivers of health. By looking beyond individual behavior and starting the ACP discussion, health promotion professionals can tackle SDOH thereby making health promotion efforts more effective.
Keep reading in the American Journal of Health Promotion here.
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How Can Wellness Providers Legally Use Influencers to Promote their Products and Services?
If you are a health provider or wellness professional, you may wonder whether and how you can use social media influencers and other experts who might be willing to give testimonials about your wellness services or products. What are the legal guidelines you should follow when engaging with influencers?
Social media posts should be treated the same as other advertising or health claims. In other words, they information should be truthful and not misleading, and any claims regarding how
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What is the Difference Between Practicing Psychology and Practicing Mental Health Coaching?
A lot of our clients specialize in the mental health space. Some practice as licensed psychologists, social workers or professional counselors, while others are unlicensed emotional wellness, mental health and wellbeing coaches. The main difference between those two groups is that one group (the licensed group) are regulated by state licensing boards. The second group (the coaching group) are not regulated by state licensing boards, at least not directly.
Coaching in the mental health and emotional wellness space can
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