AimPoint Pension
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Loan & Distribution Specialist AimPoint Pension
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Bates & Company, Inc.
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Compass
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Regional Vice President of Sales The Retirement Plan Company
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Employer-Sponsored Wellness Programs: What Financial Incentives Are Legal?
Jones Day [Guidance Overview] Aug. 1, 2013
"Employers now have guidance on how to ensure that a wellness program is compliant with, and not in violation of, the HIPAA and ACA nondiscrimination requirements for group health plans. The application of nondiscrimination requirements in other federal and state laws remains less clear. Given the legal uncertainties, we recommend adhering to the following when considering implementing a wellness program: (i) refrain from making a health risk assessment or any other aspect of the program mandatory in order to qualify for health coverage; (ii) avoid any questions (written or otherwise) regarding family health history, in order to avoid violating GINA; and (iii) weigh the costs and benefits of various financial incentives considering, among other things, the income and employment tax implications."
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