Employer HSA Contributions
October 25, 2011 5:28 PM Subscribe
Is it discriminatory for an employer to vary HSA contributions based on an employee's health?
posted by anonymous to Work & Money (13 answers total) 1 user marked this as a favorite
This question is primarily directed at HR and members of the legal community.
My employer implemented a high deductible health insurance plan. In an effort to mitigate some of the additional costs to the employee, they make quarterly contributions to our HSA account (amount of the contribution is 1400 annually, regardless of single/family status). Recently, they sent a memo that stated in 2012 a portion of the HSA contribution would be predicated on each employee participating in a health screening. The specific details would be anonymous to the company, but they would receive a report regarding the general health of their organization. If an employee decides not to participate in the screening, they would only be eligible for a annual contribution of 900 dollars, hence sacrificing 500 dollars). In addition, they also stated that in 2013, in order for an employee to eligible for the maximum contribution, they must pass 3 of 5 health bench marks. If they failed 3 or more tests, the HSA contribution would be reduced by varying degrees (yet to be stipulated).
My immediate question is whether this is legal? Wouldn't this be covered under anti-discrimination laws?