Migliaccio & Rathod LLP is investigating whether employees were required to pay higher health-insurance premiums, lost employer wellness incentives, or had sensitive medical information collected through wellness programs administered by Personify Health (formerly Virgin Pulse).
Many employers contract with third-party wellness vendors to administer biometric screenings, health-risk assessments, activity tracking, health coaching, and other wellness initiatives. Employees may be required to provide sensitive health information to these vendors in order to qualify for lower health-insurance premiums, employer Health Savings Account (HSA) contributions, or other wellness incentives.
Questions may arise regarding whether employees received appropriate notice, whether participation was truly voluntary, whether reasonable alternatives were available, and how medical information collected through the wellness platform was used or shared.
These Personify Health wellness programs may have included:
- completing a biometric screening;
- completing a health-risk assessment or medical questionnaire;
- participating in health coaching;
- tracking physical activity through mobile applications or wearable devices;
- earning wellness points or completing wellness challenges;
- submitting medical information to the wellness platform;
- allowing family members or spouses to participate; or
- completing activities before specified deadlines to receive financial incentives.
Federal law places limits on how Personify Health wellness programs may condition health-plan benefits on the disclosure of medical information. Employees may also be entitled to reasonable alternatives, clear notice regarding available accommodations, and information explaining how their health information will be collected, stored, and used.
We Are Interested in Hearing From Employees Who:
- paid higher health-insurance premiums because they did not complete a wellness requirement;
- lost a premium discount, HSA contribution, or wellness incentive;
- were required to provide medical information they did not wish to disclose;
- participated in biometric screenings or health-risk assessments administered by Personify Health or Virgin Pulse;
- were not informed that a reasonable alternative was available;
- completed an alternative but did not receive the full wellness incentive;
- have concerns regarding how their medical information was collected, stored, or shared; or
- believe the wellness program was confusing, unfair, or difficult to complete.
You may have rights even if the financial consequence appeared as a “wellness surcharge,” “premium differential,” “standard premium,” “non-wellness rate,” or the loss of a wellness incentive.
If your employer’s wellness program was administered by Personify Health or Virgin Pulse and you believe you were affected, 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.