Lexology September 1, 2021
Comp and Benefits Brief
Delta Airlines made headlines this month by announcing that it will charge employees on its group health plan a $200 surcharge for failure to receive the COVID-19 vaccination. Although there is potential for conflict with a myriad of federal statutes — including the ACA, HIPAA, ADA, and GINA — this arrangement may be structured legally if done through a properly designed wellness program. This Alert is intended to assist employers in identifying the legal issues needed to be addressed when considering whether to implement a similar incentive program in their own workplace.
Nondiscrimination Rules under the ACA and HIPAA
Both the Patient Protection and Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act...
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