Indiana Chamber of Commerce

U.S. Department of Labor February 2008 Checklist for Group Health Insurance Plans Regarding Wellness Programs.  What types of health promotion or disease prevention programs offered by a group health plan must comply with the department’s final wellness program regulations and how does a plan determine whether such a program is in compliance with the regulations? This document will help you to check out your current plan. 

Mercer Health & Benefits Update: March 2007: What wellness incentives are acceptable. How incentives interface with HIPAA, ADA, your existing health insurance plan, tax consequences and state law.
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Wellness Plans Reach Out to the Healthy; Fit Employees Now Qualify For Financial Incentives To Stop Smoking, Lose Weight, M.P. McQueen. Wall Street Journal. (Eastern edition). New York, N.Y.: March 28, 2007 pg. D.1 "The government recently finalized a thicket of rules governing what measures companies can take to induce workers to adopt healthier habits. The aim is to ensure that all workers are treated fairly in so-called wellness programs." 
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Reining in Health Care Costs with Wellness Programs: Frequently Overlooked Legal Issues, by Russell D. Shurtz, Benefits Law Journal, Vol. 18, No. 1, Spring 2005
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Clarian Decides to Reward, Not Punish — Hospital System Drops Plan to Charge Employees Who Don't Meet Health Standards November 1 2007, Indianapolis Star.
After an initial proposal to dock workers who did not control certain health risk factors, Clarian Health, a three hospital group in the Indianapolis area with 12,000 employees, has made the health screening program voluntary rather than mandatory. Now, up to $30 per pay period can be earned for not smoking, and for meeting requirements for LDL (bad) cholesterol, body mass index, glucose and blood pressure. Health information will also be provided to employees. According to the Star, nine out of the 15 largest Central Indiana employers offer similar cash incentives or reduced health premiums. Many offer exercise, stop smoking or weight loss classes.
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Get Healthy — Or Else: Inside One Company's All-Out Attack on Medical Costs. Business Week, February 26, 2007
Higher premiums and co-pays have not reduced usage of health care. At Scotts Miracle-Gro Co., Marysville Ohio, their wellness program resulted in one employee’s life being saved by his health coach’s urging him to get tested for cholesterol. Another was fired within his 60-day probationary period for smoking, resulting in a lawsuit. (In 21 states it is not illegal to hire or fire someone for smoking habits, according to the article.)  Article discusses legalities of privacy, staff interactions on health care costs, violation of federal laws, need for arm’s length relationship between company and wellness program. Employees are encouraged to sign up for a complete health care assessment; those declining are charged $40 extra per month for their health insurance.

Wellness Works, But Beware Legal Landmines
From Business & Legal Reports web site, October 17, 2006. Review of major federal laws that might impact a wellness program.