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Employers May Not Require Employees to Take a Health Risk Assessment to Participate in Group Health Plan
Deloitte via BenefitsLink.com [Guidance Overview] May 20, 2009
Excerpt: In an informal discussion letter, the Equal Employment Opportunity Commission (EEOC) recently counseled that an employer would violate the Americans with Disabilities Act (ADA) if it required its employees to participate in a health risk assessment in order to obtain coverage under the employer's group health plan. Under the facts presented, a county employer required employees to participate in an assessment that included a short health-related questionnaire, a blood-pressure test, and providing blood for use in a blood panel screen. The results of the assessment were provided only to the employee, although aggregate employee information was provided to the employer. Those employees who refused to take the assessment, and members of their family, were not permitted to enroll in the employer's self-funded group health plan.
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