Wellness programs cannot discriminate based on health
February 15th, 2008 Posted by: Dr. Cox
Washington — Programs that reward employees for exercising or not smoking sound logical. But they could violate the Health Insurance Portability and Accountability Act if employers do not offer alternatives for workers unable to participate because of health factors, according to the U.S. Dept. of Labor.
HIPAA requires health plans to charge the same price for insurance regardless of preexisting conditions or health factors. It exempts supplemental benefits such as wellness programs. The extra benefits must be provided under a separate policy and fill gaps in primary coverage.