Legislative Update 08.11.10

  (3)  WELLNESS PROGRAMS.-An insurer issuing a group or

  individual health benefit plan may offer a voluntary wellness or

  health-improvement program that allows for rewards or

  incentives, including, but not limited to, merchandise, gift

  cards, debit cards, premium discounts or rebates, contributions

  towards a member's health savings account, modifications to

  copayment, deductible, or coinsurance amounts, or any

  combination of these incentives, to encourage or reward

  participation in the program. The health plan member may be

  required to provide verification, such as a statement from his

  or her physician, that a medical condition makes it unreasonably

  difficult or medically inadvisable for the individual to

  participate in the wellness program. Any reward or incentive

  established under this subsection is not an insurance benefit

  and does not violate this section. This subsection does not

  prohibit an insurer from offering incentives or rewards to

  members for adherence to wellness or health improvement programs

  if otherwise allowed by state or federal law. Notwithstanding

  any provision of this subsection, no insurer, nor its agent, may

  use any incentive authorized by this subsection for the purpose

  of redirecting patients from one health care insurance plan to

  another.