Compensation Strategies Group, Ltd.
Nicholas Pension Consultants
Nova 401(k) Associates
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|Where There's Smoke There's Questions: Designing Compliant Wellness Programs That Target Tobacco Use|
Verrill Dana LLP
May 21, 2015
" Is it acceptable to design a program where employees who use tobacco may avoid a higher insurance premium (or surcharge) only by quitting tobacco use? No....  Are there any limits to the 'reasonable alternative standard' an employer can require for tobacco users to obtain the reward? Yes....  Is it acceptable to design a program that restricts participation in certain health benefit options to employees who are tobacco-free (i.e., maintain a tobacco-free 'threshold' requirement for participation in certain health plans)? Generally, no....  Does it matter whether an employer characterizes the different treatment of employees who use tobacco (and refuse to complete an alternative standard) and tobacco-free employees as a penalty or a reward? No."
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