HIPAA Non-discrimination Notice for Wellness Programs

Summary

This template nondiscrimination notice for an employer-sponsored wellness program describes the availability of a reasonable alternative standard to the general terms of the program, which must be disclosed to satisfy requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other federal laws. This template includes practical guidance, drafting notes, and an alternate clause. Nondiscrimination rules must be taken into account when designing a wellness program. HIPAA generally prohibits a group health plan from discriminating among similarly situated individuals based on their health status, but creates an exception for certain wellness programs. 29 C.F.R. § 2590.702(f). These rules distinguish between two types of wellness programs: participation-only programs and health-contingent programs. Health-contingent wellness programs, which are categorized a s either activity-only or outcome-based programs, are required to provide alternative means to obtain ...