Dive Brief:
- Republicans are taking a stance in alignment with the Obama administration to protect wellness programs sanctioned under the ACA.
- The move is an attempt to fend off claims by the Equal Employment Opportunity Commission that some of these programs, which reward participants who meet health goals, have elements that are discriminatory and illegal.
- According to The Hill, the bill's sponsors say it "would clarify the legality of the programs and 'eliminate confusion' caused by the EEOC lawsuits."
Dive Insight:
The outcome of this debate can be expected to impact the future growth of wellness programs as well as their scope.
Lawmakers are looking to set legal standards to protect health incentives such as premium reductions for those who quit smoking or maintain healthy cholesterol levels.
Meanwhile, the EEOC has been probing programs for elements that they say are illegal, such as financial penalties for employees who choose not to comply with certain aspects of a program, such as required medical tests.
"The EEOC has been kicking the tires on wellness plans for more than a year, probing them for discriminatory elements," writes BenefitsPro. "Among the things the commission looks for: Does a wellness plan that rewards one participant also 'punish' another?"