Recent Lawsuits Target Health Plan Premium Surcharges Based on Tobacco Use
By EsqSocial Corporation 02/10/24
There is a new series of putative class action lawsuits in which the plaintiffs allege that employers that sponsor self-funded health plans with health plan premium surcharges related to tobacco use or vaccination status violate the HIPAA non-discrimination requirement notwithstanding the exception for “outcome-based wellness programs” that provides a basis for plans to apply such surcharges. Given the prevalence of these types of premium surcharges, additional lawsuits against sponsors of...
By: Groom Law Group, Chartered