Migliaccio & Rathod LLP is investigating whether employees were required to pay higher health-insurance premiums because they declined to receive a COVID-19 vaccination or did not satisfy employer vaccination-related wellness requirements.
During and after the COVID-19 pandemic, some employers reportedly adopted health-plan designs that imposed premium surcharges, wellness penalties, or other financial consequences on employees who declined vaccination or did not complete alternative health requirements. Some programs also required employees to submit vaccination records, medical documentation, or requests for exemptions before specified deadlines.
These requirements may have included:
- submitting proof of COVID-19 vaccination;
- paying a monthly or annual premium surcharge if unvaccinated;
- completing additional wellness activities instead of vaccination;
- requesting a medical or religious accommodation;
- submitting medical documentation supporting an exemption;
- completing requirements before specified deadlines; or
- satisfying other health-plan conditions to avoid increased premiums.
Federal law places limits on how employers and health plans may use wellness programs or health-plan incentives to charge employees different amounts for health coverage. Depending on how a COVID-19 vaccination-related program was structured, employees may have been entitled to reasonable alternatives, accommodations, or other procedural protections before paying higher premiums.
Questions may also arise regarding whether employees received adequate notice, whether accommodations were properly administered, and whether the financial consequences complied with applicable employee-benefit laws.
We Are Interested in Hearing From Current and Former Employees Who:
- paid higher health-insurance premiums because they were not vaccinated;
- were assessed a COVID-19 vaccination surcharge;
- requested a medical or religious accommodation;
- completed an alternative requirement but still paid higher premiums;
- were not informed that alternatives or accommodations were available;
- lost a premium discount or employer contribution because of vaccination status;
- were required to disclose medical information they did not wish to provide; or
- believe the vaccination-related program was confusing, unfair, or difficult to complete.
You may have rights even if the additional charge appeared on your paystub or benefits statement as a “vaccination surcharge,” “wellness surcharge,” “premium differential,” “standard premium,” or “non-wellness rate.”
If you participated in your employer’s health plan and were affected by a COVID-19 vaccination-related premium surcharge or wellness requirement, 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.