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.