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Our employer adopted a new health care provider this year with…

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Our employer adopted a new...
Our employer adopted a new health care provider this year with a Wellness Reimbursement Account that provides a payment toward deductibles of $500 per person per year if the employee attains a standard of BMI 24.9; BP 120/80; and LDL 140. The standard seems arbitrary and is not individualized to health criteria based on individual characteristics. Furthermore, the standards are unattainable for many employees and not directly related to increases in health care risk or costs of employees. Please discuss whether there are any legal remedies suggested by these programs. EEOC provided me with the opinion that the Wellness Program is not violative of ADA standards due to its "voluntary" nature.
Submitted: 8 years ago.Category: Employment Law
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6/18/2010
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
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Are you asking if the wellness criteria implemented by the insurance company is legal?
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Customer reply replied 7 years ago
I am inquiring about how to attack these standards. I received word from the Congressional Research Service that the states are supposed to regulate the criteria in compliance with HIPPA. However, the Colorado department of insurance regulation refused to take any action. Tell me how the employees can push back the standards. The county held the criteria for BMI at 27.0 for the current year, but there are no promises that the criteria will not tighten over the next few years. Now, I understand that there is a recent study of studies that shows BMI 25.0 increases health risk. I climbed thirty Fourteeners this year, along with riding a few thousand miles on my bicycle and snowboarding every week of winter. My BMI 25.0 fluctuates, but has not moved over time for the past thirty years. I do not believe that the criteria are accurate, since they do not reflect fitness. I would accept that morbid obesity and a wider waist than hip measurement reflects unhealthy behavior. However, a BMI 24.9 standard is unreasonable.
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