Migliaccio & Rathod LLP is investigating whether the wellness program offered through the UFCW Local 1529 Health & Welfare Plan for eligible Kroger employees complies with ERISA, the ADA, and other applicable federal laws governing employer wellness programs.
Publicly available plan materials indicate that participants who do not complete an annual biometric screening are charged an additional $10 per week for health coverage. The biometric screening reportedly includes measurements such as blood pressure, cholesterol, blood glucose, and body mass index (“BMI”). Publicly available notices also indicate that participants who “cannot” complete the screening may qualify for an accommodation, raising questions regarding whether the plan provides all participants with the reasonable alternative standards required under federal wellness program regulations.
Because this wellness program is maintained through a multiemployer health plan rather than a traditional single-employer plan, this investigation seeks to determine whether the plan is administered consistently with ERISA’s wellness program requirements.
What Employees Report
Employees report:
- Paying an additional weekly health insurance premium after declining or missing a biometric screening.
- Completing biometric testing that included blood pressure, cholesterol, blood glucose, and BMI measurements.
- Receiving limited information regarding reasonable alternative standards.
- Being unsure whether accommodations were available unless they were physically unable to complete the screening.
- Continuing to pay higher premiums despite attempting to satisfy the wellness program.
- Receiving limited information regarding reimbursement of previously collected premium differentials.
Why Employees Should Be Concerned
Federal regulations generally distinguish between participatory wellness programs and health-contingent wellness programs. Programs that require participants to complete biometric screenings in order to avoid higher health insurance premiums generally must provide meaningful reasonable alternative standards under applicable federal regulations.
If employees are informed that accommodations are available only when they are physically unable to complete a screening—or if other reasonable alternatives are not adequately communicated—they may lose premium discounts that federal law was designed to protect.
This investigation seeks to determine whether the UFCW Local 1529 wellness program properly administered its biometric screening requirements and whether eligible Kroger employees paid premium surcharges that should not have been assessed.
Potential Claims May Include
- ERISA Violations
- ADA Wellness Program Violations
- Failure to Provide a Reasonable Alternative Standard
- Breach of Fiduciary Duty
- Improper Administration of Employee Benefits
- Recovery of Improperly Assessed Premium Differentials
- Declaratory and Injunctive Relief
Signs You May Be Affected
You may be affected if:
- You participated in the UFCW Local 1529 health plan while employed by Kroger.
- You paid an additional premium because you did not complete a biometric screening.
- You completed a biometric screening involving blood pressure, cholesterol, glucose, or BMI measurements.
- You were not informed of another reasonable alternative standard.
- You continued paying higher premiums despite attempting to comply with the program.
- You still possess payroll records, enrollment materials, wellness notices, or benefits 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.