Employers and wellness advocates have long been confounded by the complex gauntlet of federal laws and regulations that must be considered when structuring wellness programs. HIPAA’s non-discrimination requirements, the Genetic Information Nondiscrimination Act (“GINA”) and, perhaps most daunting, the Americans with Disabilities Act (“ADA”) are among the laws that come into play when an employer is considering its wellness plan options.

Perhaps the most closely watched legal issue concerning wellness programs is this: May an employer offer a health coverage premium discount to those employees who complete a “health risk assessment” (“HRA”) that is administered in connection with a wellness program? Or, put another way, may employees who choose not to complete an HRA be subject to a premium surcharge? HIPAA regulations clearly allow employers to offer “bona fide wellness programs” with limited premium discounts; however, tying a discount to completion of an HRA presents a potential rub under the ADA.
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