August 25, 2021, Delta Air Lines announced that unvaccinated employees who are on the company health plan will have a $200 monthly surcharge added
A number of federal statutes — including the Patient Protection and Affordable Care Act (ACA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) — prohibit group health plans and insurers from discriminating against individuals based on health factors
However, by making COVID-19 injections a requirement of the company’s wellness program, Delta may be able to skirt legal issues
It’s possible that Delta’s decision to penalize people for choosing to avoid a COVID-19 injection could be seen as a form of coercion, as the Equal Employment Opportunity Commission requires that penalties not be so large as to be coercive
Delta’s surcharge for unvaccinated employees also neglects to differentiate those who choose not to get injected because they already have natural immunity from a prior COVID-19 infection
If reducing health care costs is the goal, Delta could offer their employees access to inexpensive early COVID-19 treatment and ensure such costs are covered by their health insurance plans
Read the full analysis by Dr. Mercola
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