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Large Wellness Penalties Can Trigger Big Problems Under the ADA
Lockton Link to more items from this source
Aug. 24, 2014
"Most employers don't shift the entire cost of coverage to employees who refuse to submit to a health risk assessment. Those that do can continue to argue that the assessment is a 'bona fide benefit plan' under the ADA safe harbor. The more strident the surcharge, however, the easier it might be for a court to conclude the surcharge is a subterfuge to evade the purpose of the ADA."

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