The proposed rule, announced in the November 22 Federal Register, offers amendments to regulations, consistent with the Affordable Care Act, regarding non-discriminatory wellness programs in group health coverage. Specifically, the proposed regulations would increase the maximum permissible reward under a health-contingent wellness program offered in connection with a group health plan (and any related health insurance coverage) from 20 to 30% percent of the cost of coverage. The proposed regulations would increase the maximum permissible reward to 50% for wellness programs designed to prevent or reduce tobacco use. The regulations also include other proposed clarifications regarding the reasonable design of health-contingent wellness programs and the alternatives they must offer in order to avoid prohibited discrimination.
“As the medical society devoted to promoting the health of workers, we believe strongly in the efficacy of evidence-based wellness and prevention programs in the workplace, said Dr. Karl Auerbach, ACOEM President in a January 25 letter to DHHS Secretary Kathleen Sebelius. “The evidence clearly demonstrates that these programs can be effective for improving health and productivity if well designed and implemented.”