How To Avoid Discriminatory Wellness Programs Under HIPAA

Law360, New York (June 18, 2013, 1:28 PM EDT) -- The U.S. Departments of the Treasury, Labor and Health and Human Services recently published final regulations[1] that set forth the criteria that group health plans with wellness programs must satisfy in order to be considered nondiscriminatory within the meaning of the Health Insurance Portability and Accountability Act of 1996.

Under HIPAA, group health plans must not discriminate against individuals regarding plan eligibility, benefits or premiums based upon a health factor.[2] HIPAA provides an exception to this requirement when a group health plan provides premium discounts or...
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