As a way to help offset rising health care costs and to encourage people to live healthier lifestyles, many employers (public and private) encourage (and fund portions of) wellness programs. A wellness program can include encouraging people to have medical check ups, eat healthier foods and exercise. But according to the April 2 issue of Legal Intelligencer, that may be unwise because of the risks of being sued.
For example, in January 1998, a Whirlpool employee had a blood test as part of the company's wellness program. The results show the employee had an abnormal hemoglobin level and although the testing facility sent him the results, the results did not include any further explanation of the results.
In March 1998, the employee went to the doctor to have his hemoglobin level checked and learned he had an agressive form of colon cancer. Nine months later he died. The employee's widow sued alleging the employer and testing facility were negligent in interpreting, evaluating and providing her husband's test results. The court ruled there was enough evidence to go to court on the theory that Whirlpool assumed a second status of personal medical provider to its employees and their spouses. Who would have thought that?
Wellness programs come in a variety of shapes and sizes. Depending upon the design, a wellness program may be subject to a broad range of federal, state and local laws. Even supplemental insurance coverage is now subject to wellness plan regulations.
There is much more to this article and issue. Unfortunately, the Legal Intelligencer requires a subscription to download the article, but be aware that trying to do the right thing can cause legal headaches. If you have a wellness program or about to implement one, check with your human resources manager or legal department. If you are a small employer, AWB is getting up to speed quickly on this issue and will be putting out some additional detailed information.
Don C. Brunell, AWB President (donb@awb.org)
