Migliaccio & Rathod LLP is investigating whether employees lost health-insurance discounts, employer HSA contributions, or other benefits because a covered spouse did not complete a health questionnaire, biometric screening, physical examination, or other wellness-program requirement.
Some employer wellness programs offer one financial incentive for the employee and an additional incentive if the employee’s spouse also participates. In other programs, the household may lose part of its health-plan discount if the spouse declines to provide medical information.
Federal protections may apply when an employer-sponsored wellness program seeks medical or family information from an employee’s spouse.
Examples of Programs We Are Reviewing
Migliaccio & Rathod LLP is reviewing spouse-linked wellness incentives associated with employers and health plans including:
- Harris Health System, where public materials describe employee-and-spouse requirements involving physical examinations, lab work, health assessments, and wellness points;
- Nebraska Medicine, where spouse participation may generate an additional employer HSA contribution;
- Bank of America, whose public materials have described separate incentives for employees and spouses or partners completing health-related activities;
- M/I Homes, where public materials describe an employee and covered-spouse biometric-screening requirement tied to a substantial premium discount;
- Saint Louis University, where public materials describe separate monthly wellness discounts for employees and covered spouses; and
- other employers that reduce a household’s health-plan benefit when a spouse declines to participate.
The inclusion of these employers does not mean their programs violate the law. We are investigating the specific questions asked, authorizations provided, financial consequences imposed, and alternatives available to employees and spouses.
You May Be Affected If:
- You receive health coverage through your private-sector employer;
- Your spouse was also covered under the plan;
- Your spouse was required to complete a biometric screening or physical examination;
- Your spouse had to complete a health-risk assessment or medical questionnaire;
- Your household lost a premium discount because your spouse did not participate;
- You lost an employer HSA or HRA contribution because your spouse declined;
- Your spouse was asked about current or past medical conditions or family medical history;
- Your spouse could not skip medical questions without losing the reward;
- the authorization for collecting your spouse’s health information was buried in general enrollment paperwork;
- you were not offered another way to receive the full benefit; or
- the employee was financially penalized because the spouse refused to provide medical information.
What Documents Can Help?
We are particularly interested in:
- SPDs and annual benefits guides;
- wellness-program instructions;
- health-risk assessments;
- spouse authorization forms;
- emails describing employee and spouse requirements;
- paystubs showing wellness credits or surcharges;
- HSA contribution records; and
- screenshots from wellness vendors such as Personify Health, Vitality, Cigna, or other platforms.
Does This Apply to Your Health Plan?
This investigation generally concerns health plans provided through a private-sector employer.
Both self-funded plans and employer plans purchased from an insurer may qualify. Government employee plans and certain church plans generally are not governed by ERISA.
If you are unsure whether your employer’s plan qualifies, we can usually determine that from basic plan and insurance documents.
If you or your spouse lost a health-plan discount, HSA contribution, or other benefit because your spouse did not complete a wellness screening or provide medical information, we would like to hear from you.
There is no charge to speak with us, and there is no obligation to take legal action.
Please complete the contact form on this page, send us an email at [email protected], or call us at (202) 470-3520.
Migliaccio & Rathod LLP is a Washington, D.C.-based law firm that represents employees and consumers in class-action litigation nationwide.