Given the immense growth of health promotion programs over the last two years, it was inevitable resistance would creep up among watchdog groups.

In Washington, lobbyists have spearheaded a push for Congress, the DOL and IRS to crack down on “punitive” health promotion programs.

Specifically, the groups seek to limit programs in which employees’ share of their health care costs are directly tied to their willingness to participate in a health promotion program.

HIPAA’s non-discrimination rules prohibit businesss from creating negative financial incentives for employees with health risks.

For  instance, you can’t raise someone’s premium share because he or she smokes. What you can do is offer a discount when someone completes a tobacco use cessation program.

Reason –  the law does allow for financial incentives to staff members who willingly participate in health promotion programs.

The watchdog groups seek greater regulation to be certain incentives and discounts are used only as rewards for healthful behavior, not as a thinly veiled form of discrimination against high-risk employees.