The Perils of Wellness

Gordon Hull & Frank Pasquale, Toward a Critical Theory of Corporate Wellness, BioSocieties (2017). Mary Crossley The non-stop growth of employee wellness programs presents a rich teaching (and scholarly) opportunity for health law faculty. We can interrogate the employers’ continued embrace of wellness programs, despite the absence of proven cost savings, and consider concerns about the programs’ purported voluntariness and the heavier burdens they place on workers who find meeting program demands difficult or objectionable. We can explore the evolution of laws (HIPAA and the ACA) establishing the legal parameters of wellness programs and how federal agencies have issued regulations seeking to reconcile their incentive structures with the anti-discrimination principles found in the ADA, GINA, and the ACA itself. A new article by philosophy professor Gordon Hull and law professor Frank Pasquale offers a critical perspective on what wellness…

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