Q & A: Wellness programs
Q.
"Can wellness programs be made mandatory?"
A. A mandatory program raises significant legal issues,
and employers must approach them cautiously. As a first step, many wellness
programs use a health risk appraisal conducted by a health service provider,
such as a nurse or occupational therapist. Under the ADA, an employer can
only require an employee to undergo a medical examination or otherwise
provide medical information subsequent to the beginning of employment,
if it is job-related and consistent with business necessity. Equally important,
employees need to buy into the program to make it work. If it is perceived
negatively, the program will meet with resistance.
Q. "Can an employer receive information from the health assessments
to identify the most common health issues that employees face?"
A.
While data from health assessments is certainly helpful in determining
what issues to focus on and setting goals, federal and state laws protecting
the privacy of an employee's medical records apply. Information that has
been aggregated and does not include identifying information generally
is acceptable. However, small companies should be cautious if their census
is such that the aggregate data has potential risk of individual health
disclosures. |