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Wellness Program Guidance: Review Tobacco Surcharge Practices Federal agencies recently issued updated guidance addressing health-contingent wellness programs and tobacco surcharges. Pending further regulations, the agencies indicated they will not take enforcement action against plans that provide wellness incentives prospectively, rather than retroactively to the start of the plan year, when a participant satisfies a reasonable alternative standard.
Employers that sponsor tobacco-cessation or other health-contingent wellness programs should review plan administration and employee communications to confirm that programs remain reasonably designed, nondiscriminatory and include an appropriate reasonable alternative standard when required.
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