Migliaccio & Rathod LLP is investigating whether Harris Health System administers its employee wellness program in compliance with the Employee Retirement Income Security Act (“ERISA”), the Americans with Disabilities Act (“ADA”), the Genetic Information Nondiscrimination Act (“GINA”), and other applicable federal laws governing employer wellness programs.
Publicly available 2025–2026 benefits materials indicate that Harris Health System offers employees and their covered spouses a wellness incentive worth up to $100 per month. According to those materials, participants must complete an annual physical with laboratory testing, a MyCigna Health Assessment, and earn 1,000 wellness points to receive the full monthly incentive. If only one member of a covered couple completes the program, the available incentive is reportedly reduced by half.
Federal law generally permits employers to offer wellness incentives tied to health-related activities, but it also imposes requirements regarding reasonable alternative standards, medical examinations, disability-related inquiries, and, in some circumstances, the collection of medical information from spouses.
What Employees Report
Employees report:
- Completing annual physical examinations and laboratory testing to qualify for premium incentives.
- Being required to complete a MyCigna Health Assessment.
- Needing to earn wellness points before receiving the full reward.
- Losing part of the household incentive when a covered spouse did not complete the required activities.
- Receiving limited information regarding reasonable alternative standards or physician-directed accommodations.
- Paying higher health insurance premiums or losing wellness incentives despite attempting to comply with the program.
Why Employees Should Be Concerned
Federal wellness program regulations generally require employees who cannot satisfy certain wellness requirements to have access to reasonable alternative standards that allow them to earn the full available reward.
Programs that require employees or spouses to complete medical examinations, laboratory testing, or health questionnaires may also raise questions regarding how medical information is collected, whether participation is sufficiently voluntary under applicable law, and whether all required notices and authorizations are provided.
Because the Harris Health System program reportedly conditions the full household reward on participation by both employees and covered spouses, this investigation also seeks to determine whether the program complies with federal requirements governing spouse participation and wellness incentives.
Potential Claims May Include
- ERISA Violations
- ADA Wellness Program Violations
- GINA Violations
- Failure to Provide a Reasonable Alternative Standard
- Breach of Fiduciary Duty
- Improper Administration of Employee Benefits
- Recovery of Improperly Withheld Wellness Incentives
- Declaratory and Injunctive Relief
Signs You May Be Affected
You may be affected if:
- You participated in Harris Health System’s employee medical plan.
- You completed a physical examination, laboratory testing, or health assessment to qualify for wellness incentives.
- You or your covered spouse lost part of the monthly wellness reward.
- You were not clearly informed about reasonable alternative standards or physician accommodations.
- You paid higher premiums because you or your spouse did not complete every required activity.
- You still possess payroll records, wellness communications, enrollment materials, or benefits documents.
If you believe you encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.