Folks:
In today's Benefits Link, I noticed this story.
I was under the impression that the federal government passed legislation detailing how health and wellness incentives could be incorporated into plans, without being discriminatory.
Why couldn't insurers in MI be offering plans duplicating these federal incentives now, without legislation needing to be passed in MI?
As I understand federal law, the states can pass legislation, which would be more favorable to the employees.
Don Levit

The first thing that comes to mind is that insurance and insurance companies are regulated by each state and not by the Federal government.

The second thing is that some insurance companies are regional and only operate within 1 state.

The third thing is that not every state has to accept every federal law and doing so would need to be formally done by the state anyhow, which means passing legislation acknowledging the acceptance etc.

The fourth thing is that many times the Federal law is a minimum standard, leaving the state to do better. That is why there many states have their own Minimum Wage law, Labor law, Privacy law etc.

Notice that section 125 tax treatment although a Federal law, was not, and probably still is not, treated the same way by every state. Same for HSAs. Same for Voting Rights. Same for some National holidays. Etc.

George:
Thanks for your reply.
I have some issues with your opinions regarding the first thing and the third thing.
To simplify the discussion, I would like to concentrate on the fourth thing, in that the federal law is a minimum standard.
On this, I am in agreement with you.

Let's say that the federal law regarding health and wellness incentives is the minimum standard.
What would be the result if a state, like Michigan, passed health and wellness incentives which were not more favorable for the employees?
Don Levit

Folks:
I am talking with the senator's office in Michigan, which is attempting to pass this legislation.
I posted the guidelines a few months ago.
Does anyone know how I can access those to send to the senator's office?
Thanks for any help you guys can provide.
Don Levit

Don - wouldn't you be able to use the search function to locate your previous post? I think there is a way to narrow the search by using a filter of the user name.

Jennifer

Jennifer:
Thanks for your reply.
In this case, I do not need to search for the other post, for I contacted an individual at the DOL who gave me the reference in the Federal Register.
If anyone is interested, I would be happy to provide the link.
Don Levit