Recently, there has been an increase in class action lawsuits targeting large group health plan sponsors. These lawsuits claim that the extra insurance premiums charged to tobacco users, known as “tobacco surcharges,” through wellness programs violate HIPAA nondiscrimination rules. This litigation serves as a reminder for employers to thoroughly review their plan designs to ensure compliance with these regulations. Below is a summary of the plaintiffs’ arguments and some key considerations for employers when implementing tobacco-related incentives.
Have Questions? and want to read more about the changes click Tobacco Surcharges Face Growing Scrutiny in Recent Lawsuits for more details.
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