Obamacare allows financial incentives for workers taking part in workplace wellness programs of up to 50 percent of their monthly premiums, deductibles, and other costs. That translates into hundreds and sometimes thousands of dollars in extra annual costs for those who do not participate.
Typically, participation means filling out detailed health questionnaires, undergoing medical screenings, and in some cases attending weight-loss or smoking-cessation programs.
One of the arguments presented in the lawsuit against three employers is that requiring medical testing violates the Americans with Disabilities Act.
That 1990 law, according to employment-law attorney Joseph Lazzarotti of Jackson Lewis P.C. in Morristown, N.J., largely prohibits requiring medical tests as part of employment.
"You can't make medical inquiries unless it's consistent with job-necessity, or part of a voluntary wellness program," he said.
The lawsuits are based on the view that it is no longer voluntary if employees face up to $4,000 in penalties for non-participation, loss of insurance or even their jobs.
Employers, however, see the lawsuits as reneging on the administration's commitment to an important part of the healthcare reform.
So what bosses want to really do is to save costs on the corporate bottom line.
The excuse they’re doing this to protect their employees’ health is as phony as a dollar bill.
What’s voluntary about a “wellness program” under Obamacare if you’re forced to participate in it to keep your job?
Just more of what people hate about it.
The revenge of George HW Bush!