Option 1

Healthcare Controversy

As more companies choose to adopt programs designed at improving the health of their employees, controversy is beginning to arise. Are the employers infringing upon the employees’ lives? How does the judicial system feel about such measures?

According to the Kaiser Family Foundation, the main items employers are using to increase workers’ health are smoking cessation classes, fitness centers, and weight-loss programs. Over 1/3 of corporations in the US offer all three.

Employees are very concerned about privacy. No one wants an employer to have access to one’s private health records. It is hard to know whether an employer can be trusted.

Employees raise questions about discrimination. By federal law, employers are prohibited from mandating employees participate in wellness programs. However, employers have been skirting the issue by issuing financial incentives without mandates. Some advocates argue the incentives are discrimination.

In July, a new federal regulation was enacted which states that programs with rewards and penalties must offer alternatives for employees who cannot meet the specified standard. For instance, if a certain Body Mass Index (BMI) is wanted, and an employee cannot reach that, there must be an alternative which can be performed, such as going for a daily walk. This measure is in place to protect employees who are at a disadvantage, such as those who are on medication or have a genetic predisposition. The regulations also limit the rewards and penalties to 20% of an individual’s premium. The National Workrights Institute worries that this percentage is too high.

Employment and labor law firms expect forthcoming litigation. However, although litigation might put in place restrictions, the trend is still expected to continue.

If you are looking to select an appropriate Texas health insurance policy for yourself and your family, contact Option 1 today.