Legality of requiring physical exams for health insurance

connerac

I'm new to the Forum and would like some assistance on a certain situation if possible.

I recently heard of employers requiring employees to TAKE a physical examination in order to enroll in the medical plan. Employers are doing this to encourage wellness and health into the workplace. The employer does not care about the results of the test, only that the employee takes a test.

My question is...how is this legal? I've heard that it's legal under HIPAA b/c the employer is not requiring the employee to PASS the test, only to take it.

Does anyone know of other laws that this would affect (ADA, etc.) and if I can find where it states that in a regulation????

Any help would be greatly appreciated!!!

stilldazed

Turn to EEOC references for some help. I found the following:

"According to the EEOC, employers may conduct voluntary medical exams and inquiries as part of an employee health program (such as medical screening for high blood pressure, weight control, and cancer detection), provided that--
1. Participation in the program is voluntary.
2. Information obtained is maintained according to the confidentiality requirements of ADA.
3. The information is not used to discriminate against an employee.
In return for having a health assessment or screening, some employers provide employees with a discount on health insurance premiums or other financial incentives. Sometimes, in addition to completing a questionnaire, employers provide healthcare counselors who can meet with employees to discuss ways to improve their health--through smoking cessation programs, starting exercise, meditation, or any other variety of methods to encourage good health. Employers should take responable steps to ensure that vendors and counselors brought in to assist in this way will protect the confidentiality of employees' individual health information."

Based on your posting, I think a couple of things about your question: is what your heard fact or rumor? don't know; is your company considering the same? don't know that either. What I do think is that if your company is considering implementing something akin to what you have heard, your program must be open to employees for voluntary participation, any data collected by your employer must be maintained confidentially, and individuals' findings from the screenings may not be used against them in any way, including enrollment in your group health insurance plan. Basically, you could offer a voluntary program and provide an incentive to employees who choose to participate, keep the program separate from your group health insurance process, and let your company enjoy the benefits of a potentially healthier workforce if employees decide to participate.

Best wishes,