Employee Assistance Programs (or EAPs) have served employers and their employees for decades, providing a variety of benefits to address issues that might otherwise adversely affect the overall health and work of employees. A National Study of Employers conducted in 2008 found that 65 percent of employers in the United States provided EAP benefits, an increase of 9 percent from the same study conducted in 1998, with 97 percent of employers with over 5,000 employees and 80 percent of employers with 1,001 to 5,000 employees having EAPs.

Due to the varying services and pricing options provided by EAPs, it can be difficult to structure an EAP to ensure compliance with applicable state laws and/or regulations. This article provides an overview of various state insurance regulatory issues that EAP providers may want to consider when structuring an EAP.

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