Employer wellness programs and the new HIPAA regulations  
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Employer wellness programs and the new HIPAA regulations

www.timesnews.net

A recent study by the International Foundation of Employee Benefit Plans (“IFEBP”) revealed that nearly 62% of all employers offer their employees some type of wellness initiative program. These initiatives are typically instituted to lower the employer’s health care costs and to reduce other associated costs stemming from absences, reduced productivity and the like. To achieve that end, the initiatives encompass varying elements, such as wellness education, fitness center access, nutritional advice, health care screenings, and assistance to employees who want to stop smoking.

In order to encourage more employees to participate in these wellness programs, employers have begun offering various incentives, such as lowered insurance premiums, lowered deductibles, or lowered co-pays to those employees who choose to participate. In so doing, however, employers must ensure compliance with the Health Insurance Portability and Accountability Act (“HIPAA”), which prohibits group health plans from discriminating against employees by charging similarly situated individuals different premiums, deductibles, or co-pays on the basis of a health factor.

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