What Employers Should Consider Before Charging Higher Group Medical Insurance Premiums for Unvaccinated Employees

Employee Benefit Plan Review
November-December 2021

Locke Lord’s Stefan Smith co-authored an article for Employee Benefit Plan Review discussing compliance considerations for employers before implementing higher health insurance premiums for employees not vaccinated against COVID-19. The article discusses wellness plan requirements under a variety of federal regulations, including ERISA, HIPAA, ACA, ADA and GINA. They also note that equal employment laws such as Title VII prompt other practical considerations.

“Such a premium penalty must be viewed through the compliance lens that is applied to employee wellness programs, which, up to now, have been primarily used to create incentives for healthy behaviors that may reduce a plan’s exposure to high claims, such as smoking cessation, disease management, and improved body mass index,” they write.

To read the full article, click here.