Migliaccio & Rathod LLP is investigating whether Victory Capital Management employees were required to pay higher health-insurance premiums, lost wellness incentives, or missed out on other health-plan benefits because they did not complete certain wellness-program activities that may have been characterized as “participatory” wellness requirements.
Publicly available benefits materials indicate that Victory Capital Management offers health-plan incentives through a wellness program that reportedly incorporates activity tracking, health assessments, and other wellness activities. Although some wellness programs are described as “participatory,” federal law may impose additional requirements if participation effectively becomes mandatory to avoid paying substantially higher health-insurance premiums or losing valuable health-plan benefits.
These requirements may have included:
- completing a health-risk assessment or medical questionnaire;
- participating in activity-tracking programs;
- completing health coaching or wellness education;
- attending wellness events or completing online wellness modules;
- earning wellness points through specified activities;
- completing required activities before designated deadlines; or
- participating in other employer-sponsored wellness initiatives.
Federal law places limits on how employers and health plans may administer wellness programs that affect the amount employees pay for health coverage. Even when a program is described as “voluntary” or “participatory,” questions may arise if employees effectively lose meaningful financial benefits by declining to participate.
Employees may also be entitled to clear notice regarding available alternatives, the consequences of declining participation, and how medical information collected through the program will be used.
We Are Interested in Hearing From Current and Former Victory Capital Management Employees Who:
- paid more for health insurance because they did not participate in a wellness activity;
- lost a premium discount or wellness incentive after declining to participate;
- felt pressured to participate in wellness activities to avoid financial penalties;
- completed wellness activities but did not receive the promised incentive;
- were required to disclose medical information they did not wish to provide;
- were not informed of available alternatives or accommodations;
- had concerns regarding how their wellness information was collected or used; or
- believe the wellness program was confusing, unfair, or difficult to complete.
You may have rights even if the additional cost appeared on your paystub or benefits statement as a “wellness surcharge,” “premium differential,” “non-wellness rate,” “standard premium,” or as the loss of a wellness incentive.
If you participated in Victory Capital Management’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.