§ 3239. Wellness programs. (a) An insurer licensed to write life\ninsurance may establish a wellness program in conjunction with its\nissuance of life insurance policies and an insurer licensed to write\naccident and health insurance, a corporation organized pursuant to\narticle forty-three of this chapter, a health maintenance organization\ncertified pursuant to article forty-four of the public health law and a\nmunicipal cooperative health benefits plan may establish a wellness\nprogram in conjunction with its issuance of a group accident and health\ninsurance policy or group subscriber contract. A "wellness program" is a\nprogram designed to promote health, longevity or prevent disease that\nmay contain rewards and incentives for participation. A "wellness\nprogram" shall not include limited benefits health insurance.\nParticipation in the wellness program shall be available to\nsimilarly-situated members of the group or with regard to life\ninsurance, to all insureds within the same class and equal expectation\nof life and shall be voluntary on the part of the member or insured.\nWith regard to life insurance, an insurer is prohibited from increasing\npremiums or charges stated in the policy as a result of participation or\nnon-participation in the program. The terms of the wellness program\nshall be set forth in the policy or contract. With regard to a wellness\nprogram established in connection with life insurance, an insurer shall\nprovide a prominent disclosure to an applicant at or prior to the time\nof application that the program is not health insurance and participants\nshould not view the program as a substitute for the purchase of health\ninsurance.\n (b) A wellness program may include, but is not limited to, the\nfollowing programs or services:\n (1) the use of a health risk assessment tool;\n (2) a smoking cessation program;\n (3) a weight management program;\n (4) a stress and/or hypertension management program;\n (5) a worker injury prevention program;\n (6) a nutrition education program;\n (7) health or fitness incentive programs;\n (8) a coordinated weight management, nutrition, stress management and\nphysical fitness program to combat the high incidence of adult and\nchildhood obesity, asthma and other chronic respiratory conditions;\n (9) a substance or alcohol abuse cessation program;\n (10) a program to manage and cope with chronic pain;\n (11) a preventive care program, screenings (including biometric\nscreenings), or chronic disease management program; and\n (12) a stress management program, including participation in a\nmeditation or sleep improvement program.\n (c)(1) A wellness program may use rewards and incentives for\nparticipation provided that where the group health insurance policy or\nsubscriber contract is required to be community-rated, the rewards and\nincentives shall not include a discounted premium rate or a rebate or\nrefund of premium.\n (2) Permissible rewards and incentives may include:\n (A) full or partial reimbursement of the cost of participating in\nsmoking cessation, weight management, stress and/or hypertension, worker\ninjury prevention, nutrition education, substance or alcohol abuse\ncessation, preventive care programs, screenings, chronic disease\nmanagement programs, or chronic pain management and coping programs;\n (B) full or partial reimbursement of the cost of membership in a\nhealth club or fitness center;\n (C) (1) the waiver or reduction of copayments, coinsurance and\ndeductibles for preventive services covered under the group health\ninsurance policy or subscriber contract;\n (2) a premium refund, discount, or policy value credit, or other\nincrease in benefits or decrease in charges under a life insurance\npolicy;\n (D) monetary rewards in the form of gift cards, gift certificates,\nvouchers or discounts on products or services in return for engaging in\nhealthy behaviors;\n (E) full or partial reimbursement of the cost of participating in
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