My last post noted that a wellness program may not be “a subterfuge for discrimination based on a health factor” or be “highly suspect, extreme or illegal”. Here are a few examples of programs that would definitely fail to meet these requirements:
• Any program that requires participants to travel to another location.
• Any program that requires payment by participants.
These are worthy of mention because many employers sponsor programs which include both of these requirements. Weight Watchers, for example, may be part of a company health promotion and it may require travel to a meeting site as well as full or partial payment by participants. Here at BSG, our Biggest Loser program required a “fine” to be paid for every missed weigh-in. These programs are permitted because they are not under HIPAA’s jurisdiction. Why not? Because they are participation only programs, not based on meeting a health standard.