Migliaccio & Rathod LLP is investigating whether participants in the Kentucky Employees’ Health Plan were required to pay higher health-insurance premiums or lost health-plan benefits because they did not complete the plan’s LivingWell Promise wellness-program requirements.
Publicly available information indicates that the Kentucky Employees’ Health Plan conditions certain premium savings on completion of the LivingWell Promise, which reportedly includes an annual health assessment and other wellness-program requirements. Although governmental health plans are subject to different legal frameworks than many private employer plans, participants may still have questions regarding how the program is administered, whether reasonable alternatives are available, and whether participants receive clear notice regarding available options.
These requirements may have included:
- completing a health-risk assessment or medical questionnaire;
- completing a biometric screening or annual preventive examination;
- participating in health coaching or wellness activities;
- meeting specified wellness-program deadlines;
- submitting medical information by a particular deadline;
- completing other activities required by the LivingWell Promise; or
- satisfying additional requirements to receive reduced health-insurance premiums.
Federal and state law may place limits on how health plans administer wellness programs that affect participant premiums and benefits. Depending on the governing legal framework, participants may be entitled to reasonable alternatives, clear notice of available options, or other procedural protections.
Additional protections may apply when a wellness program requires medical examinations, disability-related questions, or information collected through health-risk assessments.
We Are Interested in Hearing From Current and Former Kentucky Employees’ Health Plan Participants Who:
- paid more for medical coverage because they did not complete a wellness requirement;
- lost a premium discount or wellness incentive;
- did not complete the LivingWell Promise or another required wellness activity;
- 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 premium benefit;
- were required to provide medical information they did not wish to disclose; 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 or benefits statements as a “wellness surcharge,” “premium differential,” “standard premium,” “non-wellness rate,” or loss of a LivingWell Promise discount.
If you participated in the Kentucky Employees’ Health Plan and were affected by the LivingWell Promise 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.