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Judge Napolitano Takes On CVS Policy Forcing Employees To Turn Over Health Info: ‘It’s A Consequence Of ObamaCare’


Appearing on America’s Newsroom this morning, Fox News senior judicial analyst Judge Andrew Napolitano took on the controversial CVS policy of forcing its employees to submit personal health information as part of receiving health insurance coverage from the company. The outspoken libertarian posited that the unpopular mandate is a consequence of federal micromanagement of health-care through ObamaCare.

The largest retail pharmacy chain in the country is now requiring its employees to hand over personal health information like their weight, body mass index, and glucose levels or face an annual fine of $600. The company says it is requiring this as a way to ensure their employees are as healthy as possible.

Napolitano told host Martha MacCallum of the policy: “I think this is a consequence of the federal government micromanaging health care and forcing employers to provide coverage to all employees, many who otherwise wouldn’t qualify for it, and forcing them to provide coverage, whether the employees need it or not.”

The judge noted that under federal law, CVS has an interest in hiring only healthy employees in order to save money now that they are forced to cover all of their workers. “So will ObamaCare result in larger people with larger body mass and higher glucose levels not getting employed? Would that be an unintended consequence of ObamaCare?” he suggested.

He later explained that the policy is “so expensive because ObamaCare has a one-size-fits-all,” meaning people cannot tailor an insurance policy to met their individual needs. “We knew that was coming but I don’t think we realized — even those of us who didn’t read all 2700 pages but have a good understanding what is in there — we didn’t realize the economic effect of people not being able to get jobs because they’re overweight. Maybe judges will have to decide what is obese? Is it 10 pounds heavier than your height? Is it 20 pounds? Is it 50 pounds?” he added.


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This is not really obamacare at all

An employer, and rightly so, can incentivize or dis-incentivize through completion of a health risk assessment or for completing a walking program or a number of other things like being a non-smoker or joining a smoking cessation program etc.. There are specific rules an employer must follow but they can do this and could do it before obamacare was ever passed.

Right.. but..

Where they weren't doing it before.. now they are because they are forced to insure the employees because of Obamacare.. or am I missing something?

Well interestingly enough many employers were

Going down the wellness incentive path previously. One of the items I actually thought was good about ppaca was that employers could go up to 30% of the annual cost of the insurance (one persons annual cost not their entire group) for engaging in some sort of wellness behavior that is based in improving health or wellness. The part that is messed up....ok well...the part that is messed up about ppaca and wellness is that small employers (less than 50 eligible employees) are now really dis-incented to engage in wellness programs.at all because of the changes in underwriting guidelines the insurers must enforce in 2014. In 2014 your health status can't officially be part of a carriers review for developing your groups. I hate typing on an iPad. Especially to type lots of words....anyhow, there are other things too, but if they can't look at your health (small groups) what good does wellness do?