Employee wellness plans have become more common in recent years. Their increased popularity reflects the belief that encouraging healthy habits among workers will improve employees’ health and overall quality of life, resulting in decreased health-insurance costs and lower employee absenteeism. Both the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act restrict the types of wellness programs that may be offered and whether an employer may charge an employee additional health insurance premiums if the employee is a smoker or otherwise engages in unhealthy practices. State laws also regulate these programs. Miller & Chevalier has prepared a legal alert that gives a brief overview of the rules regarding wellness plans. Please
Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.