Many plan administrators expressed bewilderment at the Biden administration’s recent guidance to limit vaccine incentive or surcharge programs for unvaccinated plan participants. According to this SHRM article, which features insight from McDermott Partner Judith Wethall, any premium surcharges must comply with the Health Insurance Portability and Accountability Act’s (HIPPA) nondiscrimination rules. HIPPA nondiscrimination rules allow for participatory and health-contingent permissible wellness programs.
Premium Surcharges for the Unvaccinated Are Lawful Within Limits
By McDermott Will & Emery on October 14, 2021
Posted In Employee Benefits, Health and Welfare Plans