Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistLJN NewslettersNewsSections

Wellness Programs

By Patricia Anderson Pryor
July 30, 2007

Wellness programs have become a popular tool for insurance companies and employers. Insurance companies market wellness programs as a method to reduce health insurance costs. Employers use these programs as both a benefit to employees and a cost-saving measure to reduce insurance costs, improve productivity and reduce absenteeism caused by injury or illness. The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Many programs begin with a health-risk assessment in which employees complete a health questionnaire and/or submit to height, weight, cholesterol and other screenings to obtain an assessment of their risk factors and health status. Incentives are often provided for program participation and/or achievement of health goals. Although at first glance these wellness programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.

However, wellness programs have the potential to run afoul of both the Americans with Disabilities Act of 1990 ('ADA') and the Health Insurance Portability and Accountability Act of 1996 ('HIPAA'). The ADA prohibits discrimination against an individual with a disability, and prohibits certain medical exams and inquiries of employees. HIPAA prohibits discrimination in the provision of health insurance or its costs due to a health-related factor. Both laws provide exceptions for certain wellness programs. Unfortunately, a wellness program that complies with one law does not necessarily comply with the other.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.