"The new regulations continue to distinguish 'health-contingent' programs from 'participatory' programs. A health-contingent program rewards participants who achieve certain health standards, such as maintaining a particular cholesterol or blood pressure level. A participatory program does not do so. It may base a reward on activities, such as completing a health risk assessment or submitting to certain screening examinations, without regard to outcome, or it may not provide for any reward at all. A participatory wellness program simply needs to be available to all similarly situated individuals to satisfy the nondiscrimination requirements. A health-contingent program must meet ... five additional criteria to be considered nondiscriminatory[.]"  MORE >>