Health Risk Reduction Programs in Employer-Sponsored Health Plans: Part II-Law and Ethics

Abstract:     
We sought to examine the legal and ethical implications of workplace health risk reduction programs (HRRP's) using health risk assessments, individually focused risk reduction, and financial incentives to promote compliance. Methods: We conducted a literature review, analyzed relevant statutes and regulations, and considered the effects of these programs on employee health privacy. Results: A variety of laws regulate HRRP's, and there is little evidence that employer-sponsored HRRP's violate these provisions; infringement on individual health privacy is more difficult to assess. Conclusion: Although current laws permit a wide range of employer health promotion activities, HRRP's also may entail largely unquantifiable costs to employee privacy and related interests. (J Occup Environ Med. 2009; 51:951–957)

Keywords: HIPAA Privacy Rule, Employee Benefits, Health Risk Assessment, Wellness Programs, Health Risk Reduction Programs, ADA, GINA, Smokers Rights, Ethics

JEL Classifications: K31, K32

Accepted Paper Series