Minnesota Law Review

Note, Healthy Compromise: Reconciling Wellness Program Financial Incentives with Health Reform

Soaring health care expenditures coupled with plummeting insurance coverage suggest something is seriously wrong with the American health care system. One way that the ACA proposes to control health care costs is through support for employee wellness program initiatives. Wellness programs with financial incentives based upon health status risk create financial barriers to health care by using health insurance to single out and discriminate against individuals with poor health statuses. This Note suggests that financially incented wellness programs are ill-suited to achieve the dual aim of improving health and saving money because the legal and policy tensions these programs create threaten to undermine the ACA’s goal of promoting health and preventing disease. This Note examines wellness programs under HIPAA and the ACA, and explains the evolution of wellness programs in American insurance schemes. It concludes with some ideas about how the ACA’s wellness provisions can be improved to better balance the statutory objectives of promoting healthy living without unduly burdening the unhealthy.

 

:: View PDF

News & Events

  • Follow MLR on Twitter!

    The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]

  • Vol. 97 Lead Piece Cited in Al Jazeera Opinion Piece

    A recent Al Jazeera opinion piece that criticizes the Supreme Court’s Daimler decision cites to Volume 97′s lead piece, How Business Fares in the Supreme Court. You can read the Al Jazeera piece here.

  • Masthead for Volume 99 Board

    The masthead for the Board of Volume 99 of the Minnesota Law Review is now available. You can view the masthead here.

  • Above the Law Post Highlights MLR‘s Jump in Journal Rankings

    A recent post on Above the Law highlights the fact that the Minnesota Law Review was ranked 11th in the most recent 2013 edition of the Washington & Lee Law Review Rankings. You can read the post here.

  • Vol. 97 Lead Piece Cited on Slate

    A recent Slate article on the Supreme Court’s decision not to hear the “Moldy Washing Machine” cases, or overturn class certification of those cases in some circuits, cites to the Volume 97 Lead Piece, How Business Fares in the Supreme Court. You can read the article here.

Newsletter

cforms contact form by delicious:days