Migliaccio & Rathod LLP is investigating whether Bank of America employees were required to pay higher health-insurance premiums, lost health-plan discounts, or missed out on other health-plan benefits because they did not complete certain wellness-program requirements.
Publicly available benefits materials indicate that Bank of America’s wellness program may require both employees and covered spouses to complete health-risk assessments, biometric screenings, tobacco-use attestations, or other wellness activities in order to receive the full value of available health-plan incentives or premium discounts.
These requirements may have included:
- completing a biometric screening;
- taking a health-risk assessment or medical questionnaire;
- meeting targets for blood pressure, cholesterol, glucose, weight, or BMI;
- participating in health coaching or wellness activities;
- allowing a spouse to complete a screening or health questionnaire;
- submitting tobacco-use or other health attestations; or
- submitting medical information by a particular deadline.
Federal law places limits on how employers and health plans may use wellness programs to charge employees different amounts for health coverage. In many circumstances, employees must be given a reasonable alternative way to earn the same reward or avoid the same penalty. Employees may also be entitled to clear notice of that alternative and, after completing it, the full value of the discount or benefit.
Additional protections may apply when a wellness program requires medical examinations, disability-related questions, family medical information, or information about a spouse’s health.
We Are Interested in Hearing From Current and Former Bank of America Employees Who:
- paid more for medical coverage because they did not complete a wellness requirement;
- lost a premium discount or wellness incentive;
- did not complete a biometric screening, health assessment, or tobacco attestation;
- were not told that an alternative was available;
- requested an alternative but were denied or delayed;
- completed an alternative but did not receive the full discount;
- lost a benefit because a spouse did not participate; or
- believe the wellness program was confusing, unfair, or difficult to complete.
You may have rights even if the additional charge appeared on your paystub as a “wellness surcharge,” “premium differential,” “non-wellness rate,” “standard premium,” or as the loss of a premium discount.
If you participated in Bank of America’s health plan and were affected by its wellness program, please contact Migliaccio & Rathod LLP. There is no charge to speak with us, and there is no obligation to take legal action.
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.
Migliaccio & Rathod LLP is a Washington, D.C.-based law firm that represents consumers and employees in class-action lawsuits nationwide.