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The case is Michael Van Patten, et al. v. State of Oregon, et al., Case No. 12-cv-263, U.S. District Court, District of Oregon, Eugene Division.
Oregon 2012 HEM Program Class Action Lawsuit
By Kimberly Mirando
Employees claim in a federal class action lawsuit that the Oregon Department of Corrections charges them $20 to $35 a month if they opt out of a so-called “voluntary wellness program.”
According to the class action lawsuit, the Oregon Department of Corrections announced in July 2011 that it was adopting a “voluntary” wellness program, which required participating employees to complete an online Health Risk Assessment (HRA), which was designated as the Health Engagement Model (HEM). The objective of the HEM was to encourage its employees to adopt and maintain healthier behavior.
During open enrollment of the wellness program (October 15 – November 15, 2011), the state required employees to chose whether they and their spouses wanted to participate in HEM.
“While Defendants promote the HEM program as ‘voluntary,’ if an employee enrolled in health insurance chooses not to participate in HEM, a $20-$35 monthly charge is incurred by the non-participating employee, in addition to the premium the employee pays for health insurance,” the class action lawsuit states.
The class action lawsuit is brought on behalf of all current and former employees of the State of Oregon, Department of Administrative Services, Department of Corrections and State Police who enrolled in the state’s health insurance since the inception of the 2012 HEM program. It is seeking back pay, compensatory damages and a court order enjoining Defendants from engaging in such conduct.
A copy of the Oregon 2012 HEM Program Class Action Lawsuit can be read here.
Updated February 23rd, 2012
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