Companies who have health promotion or disease prevention programs should ensure that its program complies with U.S. Dept. of Labor regulations on the implementation of wellness programs under the Health Insurance Portability and Accountability Act. HIPAA’s nondiscrimination provisions generally prohibit a group health plan from denying an individual benefits based on a health factor or charging a higher premium based on a health factor, except if benefits or premiums are based on whether an individual has met the standards of a complying wellness program.

The DOL has issued a checklist on what types of programs must comply with the regulation standards and how to apply the standards to particular wellness programs.