Sunday, September 23, 2012

A reasonable ADA ruling. Why does this seem so unusual?

The Americans with Disabilities Act (ADA) does not bar charging higher health plan premiums to employees who don't complete wellness screenings, the 11th US Circuit Court of Appeals has ruled. The 11th Circuit Court is located in Atlanta and has jurisdiction in Alabama, Florida, and Georgia.  The parties are Bradley SEFF, Plaintiff–Appellant, v. BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant–Appellee.
I think it’s important that this finding was based on ADA’s “safe harbor”.  Wellness plan sponsors who charge more for persons who do not take part in health screenings must take care that those screenings meet the safe harbor test. If they do not, the plan may risk similar legal challenge.
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