Compliance with HIPAA non-discrimination rules is a large challenge for health promotion programs. the old rules were unclear about which incentives passed muster.
That’s all changed, with the rules established earlier this year by the DOL and U.S. Treasury Department. the rules themselves haven’t changed, but they’ve been clarified. Here’s what you need to know –
‘Participation incentives’ are fine
As long as you structure incentives as rewards for wellness participation, the new rules provide a lot of freedom. All of these are fine under HIPAA –
reimbursing all or a portion of the cost of fitness club membership
financial rewards for undergoing health risk (assessment|appraisal}s so long as the reward is based on participation rather than test results
encouraging preventive care by waiving co-pays or deductibles for these services (i.e., well-baby visits or prenatal care)
reimbursing staff members for the cost of smoking-cessation programs without regard to the result, and
offering rewards tied to employees attending a monthly health education seminar or working with a wellness Coach.
Conditional rewards OK if…
But what if you want to make the reward conditional on participants meeting specific health goals? Example – Employees who achieve a cholesterol count under 200 get a 20 percent reduction in the cost of their medical plan contributions pending results of an annual cholesterol test.
The feds say it’s OK under HIPAA to do this, too, but your plan must meet five additional requirements –
The reward can’t exceed 20% of the cost of employee-only (or, if you allow dependents to participate, employee-plus-dependent) coverage under your health plan.
The standards ought to be reasonable (e.g., you can’t limit rewards to folks who can run a marathon). the rewards also can’t be used as a backhanded way to adversely single out certain workers (e.g., rewards for all non-diabetics).
Participants must’ve the opportunity to qualify for the reward at least once per year (e.g., a smoker who fails to quit this year gets another chance next year).
Rewards should be available to all “similarly situated person.” In other words, you can’t make a company-paid weight control program available to certain staff members but not others.
If, for medical reasons, it’s unreasonably difficult for an individual to satisfy conditions that are otherwise reasonable, you have to offer an alternative. Example – A pregnant employee may not be able to meet certain standards, so you have to offer her an alternative.
Negative incentives violate HIPAA
So what’s not allowed under health insurance portability and accountability act (HIPAA)’s non-discrimination rules? Anything that punishes individuals for their medical conditions or health risks.
The rules prohibit corporations from charging different premiums, contributions, co-pays or deductibles based on personal health factors like obesity or use of tobacco. Notwithstanding, it’s OK to reimburse these expenses based on someone’s participation in your health promotion program, without regard to success.
In addition, the feds have added an important new non-discrimination rule – Companys’ health plans can’t deny benefits for treatment of injuries resulting from a medical condition, even when the condition wasn’t diagnosed before the injury.
For instance, some health plans have a “suicide exclusion” that denies payment for treating self-inflicted wounds from a suicide try. Now let’s suppose the staff member suffers from clinical depression. Even if the depression was undiagnosed prior to the suicide try, it’s illegal for your plan to deny benefits to this staff member.