On Aug. 20, 2012, the Eleventh Circuit Court of Appeals ruled that an employer’s wellness program did not violate the Americans with Disabilities Act (ADA) prohibition on non-voluntary medical examinations and disability-related inquiries. The program required employees to complete a health risk assessment (HRA) and take a biometric screening, or pay a penalty. According to the court, the employer’s wellness program fell under the ADA’s safe harbor for bona fide benefit plans.
In this situation, Broward County offered a wellness program that required employees to complete an HRA questionnaire and take a biometric screening measuring cholesterol and glucose levels. The information from the screening helped the health insurer identify individuals with certain health conditions and provide them with an opportunity to participate in a disease management coaching program. Read More