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Health Law, Ethics, and Human Rights
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Volume 359:192-199 July 10, 2008 Number 2
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Wellness Programs and Lifestyle Discrimination — The Legal Limits
Michelle M. Mello, J.D., Ph.D., and Meredith B. Rosenthal, Ph.D.

Since this article has no abstract, we have provided an extract of the first 100 words of the full text and any section headings.

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"Personal responsibility" has become a recurrent theme in debates about health care financing.1 In addition to asking consumers to make better-informed choices in seeking care, many payers are focusing on individual health behaviors as drivers of health spending. In a recent national poll, 91% of employers believed that they could reduce their health care costs by influencing employees to adopt healthier lifestyles.2

Many health plans and employers now not only provide access to wellness programs but also offer incentives for participation.3 Incentives can be framed as rewards or penalties and may take the form of prizes, cash, or the waiver . . . [Full Text of this Article]

Growing Interest in Wellness Programs

The Legal Boundaries: Federal Law

HIPAA Nondiscrimination Rules

Americans with Disabilities Act

Other Applicable Laws

Relevant Provisions of State Laws

Antidiscrimination Laws

Statutes Supportive of Wellness Programs

Discussion

The Legal Limits of Incentive Programs

The Future


Source Information

From the Department of Health Policy and Management, Harvard School of Public Health, Boston.

Address reprint requests to Dr. Mello at the Department of Health Policy and Management, Harvard School of Public Health, 677 Huntington Ave., Boston, MA 02115, or at mmello@hsph.harvard.edu.



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