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How Employee Assistance Program (EAP) Functions / Services 
and Health Care (HC) / Managed Care (MC) Laws (a) Relate

BELOW are EAP core technology functions and EAP-related services 
that should not be covered by HC/MC laws.(a) 

EAPs that provide the services in the shaded boxes BELOW may be covered by HC/MC laws.

Family/Medical Leave Act (FMLA)
Child/Elder Care Services

Substance Abuse
Professional (SAP) Services

Risk Management

Support Groups
Return-to-Duty Assistance
Critical Incident/Stress Management
 

Health Care Services*
Clinical Evaluation
Clinical Diagnosis
Psychological Counseling
Chemical Dependency / 
Mental Health Treatment

*EAP personnel providing above-listed services can expect to be subject to clinical licensure laws.

Legal / Financial Referral

EAP Core Technology Functions are:

#1 Consultation with, training of, and assistance to work organization leadership (managers, supervisors, and union stweards) seeking to manage the troubled employee, enhance the work environment, and improve employee job performance; and, outreach to and education of employees and their family members about availability of EAP services.

#2 Confidential and timely problem identification / assessment services for employee clients with personal concerns that may affect job performance.

#3 Use of constructive confrontation, motivation, and short-term intervention with employee clients to address problems that affect job performance.

#4 Referral of employee clients for diagnosis, treatment, and assistance, plus case monitoring and follow-up services.

#5 Consultation to work organizations in establishing and maintaining effective relations with treatment and other service providers and in managing provider contracts.

#6 Consultation to work organizations to encourage availability of and employee access to health benefits covering medical and behavioral problems, including, but not limited to, alcoholism, drug abuse, and mental and emotional disorders.

#7 Identification of the effects of EAP services on the work organization and individual job performance.

The presence of the EAP core technology is essential to EAPs

Outplacement / Retirement

Managed Care Services*

*EAPs that are contracted with third parties may be covered; EAPs that are part of HMOs/MCOs can expect to be covered.

Welfare-to- Work Programs

Americans with Disabilities Act (ADA) Teams

NOTES

1. Unless an EAP is part of an HC/MC plan or is providing clinical treatment, its services are not paid for by prepaid, individual-based health insurance; work organizations pay for EAP services either in-house or by contract with external EAP providers.

2. EAPs are designed to address workplace productivity issues; EAP services, unless otherwise designated, should not be considered employee health or welfare benefits.

Conflict Management / Violence Prevention / Threat Assessment Teams

Drug Free Workplace (DFWP)

OSHA / Safety Programs

Wellness Promotion

Disability Management

Work/Life Programs

(a) HC/MC Laws:  ERISA = Employee Retirement Insurance Security Act (1974); COBRA = Consolidated Omnibus Budget Reconciliation Act (1986) [post-job access to group health insurance rates]; HIPAA = Health Insurance Portability and Accountability Act (1996); MHPA = Mental Health Parity Act (1996); HMO/MCO = Health Maintenance / Managed Care Organization Laws.

İEmployee Assistance Professionals Association 1998

 


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  Telephone: (908) 359-3686

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