Employee wellness programs have become increasingly popular with employers given rising concerns about mounting health care costs and the potential benefits offered by employee wellness programs. Moreover, the recent national focus on health care has caused many employers to reevaluate their health care policies and seek ways to reduce expenses through the implementation of employee wellness programs.
While employee wellness programs may appear to offer significant benefits, there are some potential liabilities for employers to consider. In particular, new interim final regulations recently promulgated under the Genetic Information Non-Discrimination Act of 2008 (GINA) may impact significantly employer-sponsored wellness programs. Additionally, other statutes, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Americans with Disabilities Act (ADA) contain potential legal hurdles for which employers must account when implementing employee wellness programs.
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