Managed Care - February 2008 - (Page 30)

Wellness YOU WILL LIVE HEALTHILY! Employers want to do everything within the law to make workers change their lifestyles, and they expect health plans to help By Frank Diamond Managing Editor In his lawsuit, Rodgrigues points out that “Scotts has no policies compelling employees to abstain from other legal but unhealthy practices, including obesity, consumption of alcohol, failure to exercise, skydiving, excessive television viewing, eating processed sugars, owning dangerous pets, flying private aircraft, mountain climbing, downhill ski racing, single-handed sailing, or spreading toxic chemicals on lawns.” This summarizes what many people fear about wellness programs. That fear springs from a deep libertarian strain in the American psyche, one that can be summed up by the caution, warning, or plea, “Just leave me alone.” t must have seemed like a pretty good idea at the time. Tribune, owner of newspapers and other media outlets, launched a program this year in which employees and any of their dependents who smoke must pay the company $100 a month above contributions to premiums. However, instead of hosannas from workers for taking such an interest in their health, Tribune was met by a grievance against the Baltimore Sun from the Washington-Baltimore Newspaper Guild, charging that the smoking penalty violates a contract that says the Sun may not raise health care premiums by more than 4 percent Pushback a year. The Sun grievance and Rodrigues under“Then, with the smoking penalty, you get score the legal pitfalls of extreme wellness $100 on top of that,” says Bill Salganik, a programs. The federal government is also takhealth reporter for the Sun and the president “We have to, as ing a look. The Equal Employment Opporof the Washington-Baltimore Newspaper an industry, get tunity Commission is investigating whether more aggressive aspects of wellness programs violate the Guild. with behavior Americans with Disabilities Act or HIPAA, That’s the legal argument, but Salganik, change because it the Health Insurance Portability and Acwho for the record does not smoke and gets drives health care his insurance through his wife’s plan, says he costs,” says Tom countability Act of 1996. is also philosophically opposed to the penalty. Beauregard, a Christine Saah Nazer, an EEOC spokes“They haven’t tried positive steps first,” UnitedHealthcare woman, says that the EEOC is “looking into says Salganik, adding that the company only executive. the issue of wellness programs, but the combegan to offer smoking-cessation classes mission is not ready to issue a public docuwhen it established the smoking penalty. “I know ment on the issue.” that many employers have, but Tribune hasn’t made However, the Department of Labor has released any kind of effort.” guidelines on just what may and may not be done. For instance, a smoker could avoid being penalized by participating in a smoking-cessation program. Scott v. Scotts The DOL wants everybody to be treated equally Then there’s Rodgrigues v. Scotts Co., a case in when wellness incentives are put in place. which an employee of Scotts-Miracle Gro alleges “As employers and health plans become more agthat he was fired for failing a nicotine test. Scott gressive in attempting to get employees to take care Rodrigues wants compensatory damages and wants of themselves and live healthier lifestyles, the govhis job back, charging that the company violated his ernment is going to be there to make sure that all right to privacy. (Su Lok, a spokeswoman for the Scotts Co., says that the company has filed a motion employees are treated on an even playing field and that the standards set by HIPAA are not ignored,” to dismiss.) I 30 MANAGED CARE / FEBRUARY 2008

Table of Contents Feed for the Digital Edition of Managed Care - February 2008

Managed Care - February 2008 Editor’s Memo Publisher’s Memo Contents News and Commentary Legislation & Regulation Snapshot Medication Management Compensation Monitor Wellness: No Longer Just an Add-On You Will Live Healthily! Major Employers Lead the Way Taxing Journey Why Isn’t E-Prescribing Ready for Prime Time? Both Patients and Doctors Are Non-Adherent Formulary Files Tomorrow’s Medicine Plan Watch Ad Index Outlook

Managed Care - February 2008

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