Poorly Crafted Wellness Programs Could Make Employers Sick

By Abigail Rubenstein (March 7, 2012, 6:48 PM EST) -- Businesses are turning to wellness programs to curb health care expenses, but programs that aren't carefully crafted can open employers up to costly privacy and discrimination litigation, attorneys say.

Wellness programs can lead to big savings for employers by targeting behaviors that can cause conditions that drive up their health care expenditures. But programs that give employers too much information about their employees can leave employers vulnerable to claims that they have violated the Health Insurance Portability and Accountability Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and state privacy and nondiscrimination laws, experts say.

"Employers really can...

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