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Those regulations state they are intended to ensure corporate wellness programs actually promote health as opposed to being a subterfuge for discriminating based on a health factor. The lawsuit alleges Caseys is illegally shifting the costs associated with less healthy workers from the company back to those same workers who end up subsidizing their healthier colleagues. ERISA bars any health insurer or medical plan from discriminating against participants by charging premiums based on a health-related factor, including tobacco use

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