HIPAA's non-discrimination requirements extend to all wellness plans that are "based on a health factor". Did you know that there is an exemption for other types of wellness plans? It's true. Wellness programs which are "participation only" programs need not be concerned with HIPPA.
A wellness plan qualifies as a "participation only" plan if it does not condition eligibility for a reward on a participant's ability to meet a health standard. Make sense? Well, here are some examples and rules that may help with understanding the concept of a "participation only" wellness plan.
In these examples, participants earn the reward merely through participation, not meeting a health standard. When designing your program, keep in mind that the program must be available to all similarly-situated employees.
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Incentives to participate in a health fair
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Incentives for testing, or health risk assessments
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Waiver of copays or deductibles for preventive screenings
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Reimbursement of health club memberships
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Reimbursement for smoking cessation or weight loss programs, regardless of outcome, since the reward cannot be tied to meeting a health standard.