"The nondiscrimination rules do allow some 'benign discrimination,' such as offering enhanced coverage to an at-risk employee with a history of high-cost claims, but the departments do not consider it benign to offer cash to employees with high claims risks as an incentive to disenroll from standard group health plan coverage. Instead, any arrangement that ushers such an employee out of a plan because of his or her high-cost history or reputation, will be seen to violate HIPAA and expose the plan to ACA penalties."

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