EEOC Informal Opinion

[Guest Ira Hayes]

Where is this going (what can employers do to encourage HRAs legally)?

[J Simmons]

Apparently, health risk assessments can only be voluntary--not mandatory for coverage--so no stick. Also, beware if you dangle a carrot. While EEOC previously allowed a safe harbor if the carrot was no more than 20% of the value of the coverage. The EEOC has withdrawn that 20% safe harbor. So now even a baby carrot might get you crosswise with the EEOC.

Maybe what is going on is simply this: Employers are bad. Therefore they should just shut up, take their medicine and pay for health coverage to employees no matter how the employees' habits--lifestyle or consumer ones--drive that cost up for the employers.

BTW, metaphors are best served shaken, not stirred.

[GBurns]

They can use programs which have been carefully planned and properly evaluated instead of buying either hype or buying because of name and references.