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Why common health plan feature now puts you at great risk for a lawsuit

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Heads up: A recent lawsuit puts employers in a very tricky spot regarding health plan compliance.

What’s worse, employers can’t even rely on guidance from the feds to protect themselves from illegal action.

That’s because of a recent move by a federal judge in AARP v. EEOC, a lawsuit claiming the government’s health plan incentive rules violate the ADA and GINA.

Illegal wellness incentives?

The above case hinged around the notion of a “voluntary” wellness program. Under the EEOC regs, employers can offer incentives of up to 30% of the total cost of coverage for self-only coverage for participation

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