Congress Considers Initiatives For A Fitter Workforce

According to the New York Times, amidst widespread talk of overhauling the nation's health care system and bipartisan support, Congress is seriously considering legislation which would give employers sweeping new authority to reward employees for healthy behavior, including healthy diet, more exercise, weight loss and smoking cessation.

Focusing on treating employees before they become sick, Senate Finance Committee chair Max Baucus (D-MT) and Senate Health, Education, Labor and Pensions Committee member Tom Harkin (D-IA) have spearheaded the growing movement for health care reform and have proposed legislation aimed at providing tax credits or other subsidies to employers who offer wellness programs that meet federal criteria as well as making it easier for employers to use financial rewards or penalties to promote healthy behavior among employees.

Echoing the sentiments of President Obama and certain Republican senators including John Cornyn (R-TX) and Orrin Hatch (R-UT), Mr. Harkin's proposed legislation is governed by his belief that “[P]revention and wellness should be a centerpiece of health care reform."

Mr. Harkin's legislation seeks to remove many of the obstacles and limitations created by current federal wellness legislation. While many companies would like to offer employees larger incentives for lowering cholesterol, losing weight or stopping smoking, current rules restrict such incentives to no more than 20% of the cost of coverage. Additionally, if, for example, an employer pays the cost of gym membership for employees as part of a wellness program, the payment is often counted as taxable income to employees. Helen Darling, president of the National Business Group on Health, which represents 300 large employers, said, “We would like Congress to change the law so it would not be taxable income if an employer provides a benefit to help employees stay healthy.”

Despite the overwhelmingly positive reaction from health experts, there is some concern among other groups, including the National Workrights Institute, a research and advocacy group, that Mr. Harkin's proposal may potentially lead to a form of lifestyle discrimination for certain employees. “You are supposed to be paid on the basis of how you do your job, not how often you go to the gym or how many cheeseburgers you eat,” Lewis Maltby, president of the National Workrights Institute, stated.

With bipartisan support and the blessing of the White House, it seems likely that Mr. Harkin's proposal will fly through congress relatively swiftly and, for the most part, completely intact. While party lines having been carved in cement for most other issues, it's always nice to see widespread agreement from time to time.

Peter Washkowitz
petercure@gmail.com
www.RunnersWrite.com