Total Articles: 11
Incentivizing Wellness without Incentivizing Litigation
Over the past few years, employers have begun implementing health and wellness incentive programs, which can not only support employees' personal health goals, but which can also significantly reduce the skyrocketing health care costs for the employer. A wellness incentive program ("WIP") encourages employees to adopt or maintain a healthy lifestyle in a number of ways - or at least take the first steps toward learning about healthy alternatives. And, the thought goes, healthier employees can also mean increased productivity, better attendance, and improved morale. Therefore, through a WIP, employers will offer a variety of incentives to employees who maintain or achieve health-related goals. While this type of program seems like a simple appealing way to help accomplish the goals of improving employee health while reducing business costs, employers need to be aware that the way they structure WIPs could run afoul of federal, state, and/or local laws. Indeed, WIPs should be crafted in such a way that they do not favor one group of employees and/or potentially discriminate against another group.
Employers, don't be overzealous with your wellness. Beware of the ADA and everything else.
Do you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.
Wellness Programs – A Complex Cure
Employee wellness programs have become increasingly popular as employers seek to control health insurance costs, improve the health and productivity of their workers, and reduce absenteeism. According to the Kaiser Family Foundation’s Employer Health Benefits 2010 Annual Survey, approximately three-fourths of employers offering health benefits already provide some type of wellness program.
Is it ok under the ADA and the GINA to offer wellness incentives? The EEOC explains it all for you
Is it legal to bribe your employees to be healthy? Wouldn't that violate the Americans with Disabilities Act, or the Genetic Information Nondiscrimination Act, or something?
Wellness Program Okay Under Americans With Disabilities Act
In our March 22nd client bulletin, we discussed the class action suit pending in the federal district court in Florida. Last week, the federal district court in Florida dismissed the class action lawsuit which alleged that an employer’s wellness program violated the Americans With Disabilities Act.
CLASS ACTION CHALLENGE TO WELLNESS PLAN INCENTIVES
A class action lawsuit is pending in federal district court in Florida alleging that an employer's wellness plan that charges a higher premium for employees who do not complete biometric screenings a health risk assessment violates the Americans With Disabilities Act (ADA) even though the wellness plan complies with with the requirements of ERISA and HIPAA.
October Is For: Work-Life Balance & Workplace Politics.
Workplace Prof Blog reports that, last week, Congress designated October as National Work and Family Life Month. The primary force behind the measure was the Alliance for Work-Life Progress, and the purpose was to encourage employers and employees to seek flexible work environments to better balance the needs of work and families.
Wellness Programs Present Compliance Challenges and Cost-saving Opportunities.
Faced with the skyrocketing
health care costs described
above, many employers are
taking a preventive approach by
offering wellness programs
designed to promote good
health and positive lifestyle
choices.
From Incentives to Penalties: How Far Should Employers Go to Reduce Workplace Obesity?
This month, more than half of Americans probably made health-related New Year's resolutions, judging from past data, but few are likely to stick to them. Employees at CFI Westgate Resorts, an Orlando, Fla.-based vacation properties company, might consider themselves lucky: They have an incentive to get healthy. If they join in the company-wide weight-loss contest this month and succeed in reaching their goals, they could win cash prizes or a luxury vacation.
DOL Releases Wellness Program Checklist.
In an effort to help control escalating health care costs, many employers have begun offering various types of programs designed to encourage employees to engage in a healthier lifestyle. These efforts range from offering healthier choices in vending machines and reimbursing gym membership fees to providing reduced health insurance premiums for employees who stop smoking or have a certain cholesterol level. If an employer’s wellness program is in any way connected to an ERISA covered group health plan, it must comply with the HIPAA nondiscrimination provisions.
Is Wellness on Your To-Do List?
Are you considering adding a wellness program this year, or expanding your wellness offerings for employees? Have you considered whether your program is designed to comply with federal law?
