Court Gives Employers Green Light to Enforce Health Risk Assessments

Wednesday, May 11, 2011 General News
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Employers can charge higher premiums if employees do not complete health screenings

KANSAS CITY, Mo., May 10, 2011 /PRNewswire/ -- Employers desiring to charge higher health insurance premiums to employees

who do not complete health screenings received a boost recently from a federal court, says insurance broker Lockton in a new Lockton Market Update report.  A federal trial court in southern Florida ruled, in Seff vs. Broward County, that the employer did not violate the Americans with Disabilities Act by requesting that employees submit to biometric health screenings, and imposing a modest health insurance surcharge on those who refused.


Said Lockton Compliance Director Ed Fensholt, "We work with employers every day to outline health risk management strategies for their organizations. Sometimes employers choose to reward employees that complete health risk assessments and other proactive healthy lifestyle management activities. It validates the importance of these types of activities when the courts begin to stand behind employers that see the value in health risk management."

Read more in the complete Lockton Market Update.

This is just one article in the May 2011 issue of the Lockton Market Update, which features many responsible employee benefits strategies. Whether you're considering adapting your health and welfare plans or learning more about your responsibility as a fiduciary for your retirement plan, our employee benefits and retirement services specialists can design an overall strategy to mitigate risks and control costs. Other stories in the Update include:

  • Consider a Captive. If you have always believed that a captive was only available to large companies, experts at Lockton note that various sizes of companies have actually taken advantage of employee benefit captive programs – some with as few as 500 employees. Sound interesting? Learn more in the Lockton Market Update.
  • On-Site Clinic May or May Not Fit Your Business.  While there is much buzz about adding an on-site clinic to a workplace to save healthcare dollars, is it a good fit for your company? Medical Director Ian Chung from Lockton suggests five key considerations for success in the Lockton Market Update.
  • M&As Impacted by Employee Benefits.  In this era of mergers and acquisitions, employee benefit plans should be scrutinized when looking at the earnings before interest, taxes, depreciation, and amortization numbers to ensure their accuracy. The PECAP experts at Lockton point to three key areas in which companies may be surprised if due diligence is not carried out. The Lockton Market Update includes this information and more.
  • Pharmacy Pricing Changes in September, 2011. Expect major changes to the foundation of drug pricing in the United States, says the Lockton Market Update. As fall approaches, many Pharmacy Benefit Managers and carriers are preparing to amend pharmacy benefit contract terms with their clients. One way to help ensure your benefits are minimally impacted? Lockton recommends a contract review. Read the Lockton Market Update for more helpful tips.
  • Fiduciary Risk Mitigation: Best Practices. Just what is the fiduciary responsibility of retirement plan sponsors? There are several best practices that progressive sponsors have adopted, outlined in the Lockton Market Update. These best practices reduce the liability of both plan sponsors and individual fiduciaries.
  • Recruiting, Retaining, and Rewarding Executives. The Lockton Market Update makes it clear that adherence to the regulations around executive compensation is easiest accomplished, whether via qualified or nonqualified plan design, by working through a financial advisor's consulting capabilities.

To obtain free copies of these reports, please visit

About Market Update

Editors, feature editors and reporters are invited to quote from these reports and articles to enhance their own reporting. Please contact Dean Davison for permission to reproduce an article in its entirety or to speak to a Lockton expert.

About Lockton

More than 3,800 professionals at Lockton provide more than 15,000 clients around the world with insurance, benefits, and risk management services, offering an uncommon level of client service. From its founding in 1966 in Kansas City, Missouri, USA, Lockton has grown to become the largest privately held insurance broker in the world and 9th largest overall. Business Insurance recognized Lockton as a "Best Place to Work in Insurance."  You can learn more at

SOURCE Lockton

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