Possible legal challenges CVS might face due to its new health insurance wellness policy

Arnstein & Lehr Chicago Partner Mark Spognardi was interviewed for a Law360 article, “CVS Worker Weigh-Ins Should Survive Lawsuits,” published March 30. The article focuses on the possible legal challenges CVS might face due to its new health insurance wellness policy. The insurance will cost employees more money if they don’t commit to participating in the company’s wellness program requesting that each employee submit to a health screening. The decision may open the door for employee litigation against the company. Whether an employee could win the suit might all depend on the details of CVS’ requirements. Mr. Spognardi told Law360, “On the federal level, the policy could be subject to discrimination claims. And on the state level, there are potential privacy concerns about who is looking at this information, and if it is being limited on a need-to-know basis.”

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