Last November, the departments of Health and Human Services, Labor and Treasury released proposed regulations addressing the provisions regarding employer-sponsored wellness programs under the Patient Protection and Affordable Care Act. The proposed regulations are effective for plan years beginning on or after Jan. 1, 2014, and apply to both grandfathered and nongrandfathered group health plans providing wellness program benefits.
The Health Insurance Portability and Accountability Act of 1996 prohibits group health plans from discriminating with regard to eligibility, premiums or contributions on the basis of specified “health-status-related factors,” such as medical condition, claims experience, receipt of health care, medical history and disability. However, wellness programs that adhere to specific requirements under HIPAA are an exception to this general rule.
