Employer health-contingent wellness programs designed to “dissuade or discourage” enrollment by workers who are sick or might have high insurance claims experience will be considered illegally discriminatory, the federal government said in new guidance.
Such program designs won’t meet the standard that wellness programs be “reasonably designed” to avoid being considered discriminatory, the three agencies implementing the Affordable Care Act said in the 25th of a series of frequently asked questions and answers on ACA implementation, issued April 16.
Under wellness program final regulations (T.D. 9620; RIN 1210-AB55) issued in May 2013, programs must be “reasonably designed”—as well as meet ...
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