Poor CVS/Caremark made the news with a negative slant towards their wellness program. All they want to do is encourage their employees to be healthy, right? This article questions the “voluntary” aspect of the wellness program due to their $50/month incentive. Discrimination through wellness programs is permitted as long as the program is a voluntary one, among other requirements under HIPAA. However, “voluntary” is not specifically defined in regulatory guidance and so it remains to be seen if the government steps in and dictates at what level an “incentive” crosses the line between voluntary and coercion. This guidance would likely be the domain of the ADA & the EEOC.
Read the article here: