142nd APHA Annual Meeting and Exposition

Annual Meeting Recordings are now available for purchase

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Workplace wellness programs: How regulatory flexibility may undermine success

142nd APHA Annual Meeting and Exposition (November 15 - November 19, 2014): http://www.apha.org/events-and-meetings/annual
Tuesday, November 18, 2014 : 11:30 AM - 11:45 AM

Jennifer L. Pomeranz, JD, MPH , Department of Public Health, Center for Obesity Research and Education, Temple University, Philadelphia, PA
As part of the Affordable Care Act, Congress revised the law related to workplace wellness programs. There is a growing interest in these programs’ ability to prevent and control chronic disease and health care costs. Health-contingent wellness programs require an individual to satisfy a health-related standard in order to obtain a reward. One of the five legal requirements for them is that they must be “reasonably designed to promote health or prevent disease.” The government instituted this standard to provide issuers with flexibility and encourage innovation; however, these goals might undermine the potential the law has at increasing use of effective programs, in terms of both realizing health gains and financial saving. Further, ERISA provides a private right of action which could result in employee-initiated lawsuits related to wellness provisions. Employer reliance on a best practice model would be protective if their plan is subject to litigation.

            The government encourages employers to consider best practices recommended by the Community Preventive Service Task Force. The presentation will recommend that the government should reassess its role in this area as follows. The government should strengthen the Task Force to foster strong national recommendations for workplace programs. The government should establish an innovation time period to build the evidence base for both health efficacy and cost savings and then ultimately require, rather than encourage, the use of evidence-based practices recommended by the Task Force. The government can grandfather in existing programs to minimize disruption and opposition. Finally, employer evaluation will be key.

Learning Areas:

Occupational health and safety
Planning of health education strategies, interventions, and programs
Public health or related laws, regulations, standards, or guidelines
Public health or related public policy

Learning Objectives:
Differentiate between health-contingent wellness programs and participatory wellness programs. Describe the “reasonable design” requirement for health-contingent wellness programs. Evaluate how the government can enhance efficacy of workplace wellness programs in terms of health and financial gains.

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I am the Policy chair of the Law Section of APHA. I have a JD, MPH and am an Assistant Professor of Public Health.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.