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  1. #1
    Join Date
    Dec 2011
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    Post Medical Testing Required for Employer Sponsored Medical Plan

    My question involves labor and employment law for the state of: Minnesota

    My employer is requiring all employees to do a blood draw, weight and body mass index to see what premium I should pay. Is this legal?

  2. #2
    Join Date
    Sep 2011
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    437

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    I imagine your employer is creating a "baseline" overall profile for insured employees as part of an overall wellness plan, which is legal.

    Are you SURE they're using this information to determine what your health insurance premiums should be? If so, how many employees work at your company?

  3. #3
    Join Date
    Dec 2011
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    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    Yes, they are using this information to determine the premium I should pay. There are about 100 people working at my place of employment.

    My employer is a health insurance company.

  4. #4
    Join Date
    Dec 2011
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    21

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    Quote Quoting Dawnnewday
    View Post
    Yes, they are using this information to determine the premium I should pay. There are about 100 people working at my place of employment.

    My employer is a health insurance company.
    By premium you should pay, do you mean they have an incentive/reward program for employees who are willing to enroll in a wellness program?

    In my husband's company, if you participate in the wellness program you get incentives/rewards that reduce the premium you pay for your health insurance. If you don't participate, you don't get the incentives/rewards.

  5. #5
    Join Date
    Dec 2011
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    4

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    Is this legal?

  6. #6
    Join Date
    Dec 2011
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    21

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    Quote Quoting Dawnnewday
    View Post
    Is this legal?
    What would the grounds for illegality be in your opinion?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    I still have the feeling that there are facts you haven't told us. But I can think of at least two different situations in which yes, this would be legal.

    If you want anything more definite than that, you're going to have to provide more info about what is being requested, what information was provided to you about the use of the info, and how the premiums will be taken.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    Its legal .. I don't know about Jehovah Witnesses' issues for the blood draw.

    Have you been told what they are testing your blood for?

  9. #9
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    I still have the feeling that there are facts you haven't told us.

    Agreed. I strongly suspect that what's going on is that employees who elect to participate in the company's wellness program will pay a lower premium than those that do not. I seriously doubt that individual participants' premiums are being determined by the results of these tests, e.g.. "You have high blood pressure so you're going to pay an additional $50/month. And you over there, you have diabetes so you're going to pay an additional $75/month." etc.

  10. #10
    Join Date
    Dec 2011
    Posts
    4

    Default Re: Medical Testing Required for Employer Sponsored Medical Plan

    Each employee was asked to do a blood draw for cholesterol, diabetes and substance abuse, weight, BMI, Push ups and arm reach stretching. I can understand the substance abuse check, but to give up our personal health information, along with that 10 steps of an assessment that we have to answer about 10 questions in each step of personal health information. There are 3 levels of premiums that each employee can be put at due to the health check results. We have to sign an agreement to give up our right of our PHI to have this assessment done, all to determine our premium. There is a difference of $50. in the premium. This is all I have been told.

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