Migliaccio & Rathod LLP is investigating whether Ameris Bank administers its employee wellness program in compliance with the Employee Retirement Income Security Act (“ERISA”), the Americans with Disabilities Act (“ADA”), and other applicable federal laws governing employer wellness programs.
Publicly available 2025–2026 benefits materials indicate that Ameris Bank offers employees a $50 monthly medical premium credit through its Vitality wellness program. According to those materials, participants must complete a health assessment, biometric screening, and achieve Vitality Silver Status to receive the premium credit.
Federal wellness program regulations generally permit employers to provide financial incentives for wellness participation, but programs that require employees to complete health assessments, biometric screenings, or activity-based wellness requirements may also be required to provide reasonable alternative standards, physician accommodations, and other participant protections.
This investigation seeks to determine whether Ameris Bank properly administers its Vitality wellness program and whether employees were improperly denied premium credits or wellness incentives.
What Employees Report
Employees report:
- Completing health assessments and biometric screenings to qualify for premium discounts.
- Being required to achieve Vitality Silver Status before receiving the monthly premium credit.
- Receiving limited information regarding reasonable alternative standards.
- Being uncertain whether physician-directed accommodations or alternative methods of qualifying were available.
- Losing premium credits despite participating in wellness activities.
- Paying higher health insurance premiums after failing to satisfy the program’s requirements.
Why Employees Should Be Concerned
Federal wellness program regulations generally require employees participating in activity-based wellness programs to have access to reasonable alternative standards where applicable. Employees should also receive sufficient information explaining how to qualify for available incentives and what alternatives may be available if they cannot satisfy the original requirements.
Because Ameris Bank’s wellness program reportedly conditions monthly premium credits upon achieving a specified Vitality status level, employees may lose significant premium savings if reasonable alternatives are unavailable, inadequately communicated, or improperly administered.
This investigation seeks to determine whether Ameris Bank properly administered its wellness incentive program and whether employees were improperly denied premium credits or other wellness rewards.
Potential Claims May Include
- ERISA Violations
- ADA Wellness Program Violations
- Failure to Provide a Reasonable Alternative Standard
- Improper Administration of Employee Benefits
- Breach of Fiduciary Duty
- Recovery of Improperly Withheld Premium Credits
- Declaratory and Injunctive Relief
Signs You May Be Affected
You may be affected if:
- You participated in Ameris Bank’s employee health plan.
- You completed a health assessment, biometric screening, or Vitality activities.
- You were required to achieve Vitality Silver Status to receive premium discounts.
- You were not clearly informed about reasonable alternative standards or physician accommodations.
- You lost premium credits despite participating in the wellness program.
- You still possess payroll records, enrollment materials, wellness communications, 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.