Workplace wellness programs discriminate. That’s what they do. Employees who adhere to a wellness program pay less for their coverage; those who don’t pay more. Wellness programs thus clash with federal rules that generally require employers to treat their employees even-handedly, regardless of health status.
The Affordable Care Act makes an exception, however, for wellness-based discrimination. Never mind that wellness programs hurt lower-paid employees and don’t seem to work. Under the ACA, employers can threaten employees with penalties of up to 30% of the cost of their premiums if they don’t achieve health-related benchmarks. Programs this aggressive aren’t yet the norm, but they’re not unheard of.
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