April 18, 2006, Introduced by Senator BISHOP and referred to the Committee on Health Policy.
A bill to permit employers to offer incentives to encourage
employees and their dependents to adopt a healthy lifestyle; to
specify conditions under which an employer may offer certain
employment incentives; and to prohibit an employer from mandating
mandatory restrictions on lawful lifestyle choices.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"employee health incentive act".
Sec. 3. As used in this act:
(a) "Employee" means an individual who performs a service for
wages or other remuneration under a contract of hire, written or
oral, express or implied.
(b) "Employer" means a person that has 1 or more employees.
(c) "Specified lawful product" means a product that is all of
the following:
(i) Identified in writing by the employee's employer.
(ii) Lawful to purchase and use.
(iii) Demonstrated to have a detrimental effect on the health of
most individuals or to contribute to accidental bodily injury by a
body of credible scientific evidence, without credible evidence of
similar weight demonstrating beneficial health effects.
Sec. 5. An employer may implement a program of financial
incentives to encourage employees to adopt and maintain healthy
lifestyle choices.
Sec. 7. An employer shall not require an employee to commit to
refraining from use of a specified lawful product as a condition of
employment.
Sec. 9. An employer that offers health insurance to employees
shall offer a reduction in the insurance deductible or other
financial incentive if either of the following circumstances
exists:
(a) The employee signs an annual statement affirming that he
or she commits to refraining from use of any specified lawful
product.
(b) Each individual covered under the employee's health
insurance plan with the employer signs an annual statement
affirming that he or she commits to refraining from use of any
specified lawful product.
Sec. 11. The employer may require reasonable assurance from an
individual that he or she is refraining from use of the specified
lawful product included in a statement signed in accord with
section 9.