Migliaccio & Rathod LLP is investigating whether Nebraska Medicine administers its employee wellness program in compliance with ERISA, the ADA, the Genetic Information Nondiscrimination Act (“GINA”), and other applicable federal laws governing employer wellness programs.
Publicly available 2025–2026 benefits materials indicate that Nebraska Medicine offers substantial premium discounts and employer Health Savings Account (“HSA”) contributions through its wellness program. According to those materials, employees may be required to complete a Total Health Survey, biometric screening, and accumulate 7,500 wellness points to qualify for certain incentives. Public materials also indicate that covered spouses may generate additional HSA contributions by participating in the program.
Because the available incentives may total up to $1,500 for employees and an additional $500 through spouse participation, this investigation seeks to determine whether the wellness program complies with federal requirements governing medical examinations, health-risk assessments, reasonable alternative standards, and spouse participation.
What Employees Report
Employees report:
- Completing biometric screenings and health surveys to qualify for premium discounts or HSA contributions.
- Being required to earn wellness points throughout the plan year.
- Losing employer HSA contributions after failing to complete required wellness activities.
- Covered spouses also being required to participate to maximize available incentives.
- Receiving limited information regarding reasonable alternative standards or physician accommodations.
- Questions regarding whether all available incentives remained obtainable after completing alternative wellness activities.
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 condition substantial premium discounts or employer HSA contributions upon biometric screenings, health assessments, wellness points, or spouse participation may also raise questions regarding voluntariness, administration of reasonable alternatives, and compliance with federal requirements governing collection of employee and spouse health information.
Because the financial incentives available under Nebraska Medicine’s wellness program are substantial, employees and covered spouses may lose significant compensation if the program is not administered in accordance with applicable law.
This investigation seeks to determine whether Nebraska Medicine properly administered its wellness incentive program and whether affected employees may be entitled to recover withheld premium discounts or HSA contributions.
Potential Claims May Include
- ERISA Violations
- ADA Wellness Program Violations
- GINA Violations
- Failure to Provide a Reasonable Alternative Standard
- Breach of Fiduciary Duty
- Recovery of Withheld HSA Contributions or Premium Incentives
- Declaratory and Injunctive Relief
Signs You May Be Affected
You may be affected if:
- You participated in Nebraska Medicine’s employee health plan.
- You completed a Total Health Survey, biometric screening, or wellness point activities.
- You or your covered spouse participated in the wellness program.
- You lost premium discounts or employer HSA contributions.
- You were not clearly informed about reasonable alternative standards or physician accommodations.
- You still possess payroll records, HSA records, enrollment materials, or wellness communications.
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.