January 10, 2008
Happy New Year CUE,
The CUE Statewide Executive Board has decided to reject UC's offer for
clericals to participate in the new "Staywell" benefit program. We made this
decision based upon the fact that the program as now conceived does not
guarantee confidentiality of our medical information; nor does it give us
control over to whom and how our information can and will be distributed, if we
participate.
THE BACKGROUND
CUE representatives have been meeting for the past year with UC regarding
health benefits and representatives of other UC unions. At no time did UC
solicit our input relative to this new program. UC just announced the plan and
told the unions to take it or leave it. There are many still unanswered
concerns relative to the program, but based on the knowledge that the
information gathered by the program will not be kept confidential, CUE decided
not to participate. Most of the other UC unions have also decline at this
time. UC has indicated that they may be able to make the changes that will
make the program acceptable. Our bargaining team will be meeting with UC, and
we will keep you posted.
Best wishes to you and your family and friends for a safe and healthy new year.
On behalf of the entire Statewide Executive Board,
Jen Smith, President
SPECIFIC OBJECTIONS TO THE WELLNESS PROGRAM
- UC repeatedly claims in the open enrollment and online promotional materials
that the health assessment questionnaire and Staywell program are voluntary and
confidential. CNA (California Nurses Association) has informed CUE that this
is not true. In response to information requests made during bargaining, CNA
learned that Staywell can give the results of the Health Assessment
questionnaire to the employee's health plan. If Staywell can give the results
of the questionnaire to the employee's health plan, then by definition it is
NOT confidential. NO REASSURANCE HAS BEEN GIVEN THAT THIS INFORMATION WILL NOT
BE GIVEN TO OTHER PARTIES IN ADDITION TO THE EMPLOYEE'S HEALTH CARE PROVIDER.
- Employees are not warned ahead of time that the questionnaire is not
confidential (and, in fact, are repeatedly told that it is confidential). When
the employee goes on-line to complete the questionnaire, there apparently is a
terms-of-use statement they must agree to or they cannot do the questionnaire.
This has the effect of making the questionnaire mandatory and also causes the
employee to forfeit confidentiality protections from HIPAA, WHICH IS A FEDERAL
LAW. THESE REGULATIONS ARE IN THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996. (SEE Office for Civil Rights - HIPAA FOR MORE
INFORMATION [ON THESE LAWS])
- CNA representatives cite the experience of employees in the Sutter Hospital
group who were offered a similar program of incentives to participate in a
Wellness program one year. The following year participants forced to pay
premiums that had increased by as much as $100 for an individual and $200 for a
family if the Wellness participants failed to follow all of the advice of the
Wellness counselor or program physicians the previous year. For example, if the
individual's dependent child, covered by the medical plan, failed to go to
Weight Watchers sessions or could not prove that s/he had participated in the
recommended weight loss program, the next year the employee would be faced with
increased premium costs of $200 for the family coverage.
- Another concern is that once the questionnaire is completed and the
information is collected by the Wellness program staff, documentation of any
pre-existing conditions can be passed along to future health care providers
should the individual leave UC. One consequence is that this could possibly
cause exclusion from medical coverage from the employee's new employer for a
period of time specified by the new health care provider.
If you have questions or other concerns, please call your local office. You'll
find the phone number and address by going to:
Local Campus / Hospital / Laboratory Charters
and clicking on the name of your campus or lab.