Many executives have long enjoyed perks like free health care and better health benefits for themselves and their families. But under a little noticed anti-discrimination provision in the federal health law, such advantages could soon trigger fines of up to $500,000.
Employers “should be more concerned about this than anything else” in the law, because many are in violation and the penalties can be stiff, says Jay Starkman, chief executive of Engage PEO in St. Petersburg, Fla., which offers human resources services and advises clients on the health law.
The provision says that employers who offer more generous benefits to highly paid workers could face fines of $100 a day for every worker who doesn’t get the perks....
It applies to employers who buy benefit packages for their firms from insurers. Those who self-fund their coverage, who tend to be larger firms, already face similar restrictions under Internal Revenue Service rules which pre-date the law.
To make sure his own small company complies with the law, Starkman began paying $600 in premiums toward his family’s coverage last month, putting him on an even playing field with his 60 employees.
He says the rule makes sense, noting that executives are likely to get little sympathy from the public.
“The right way to handle it is to have the same benefits for everyone,” he says, noting that firms can increase wages to managers or executives to cover their additional costs. ...
The anti-discrimination provision is technically in effect now, but the IRS says it will not impose penalties until it completes regulations and issues guidance about how the provision will be enforced. ...
The IRS rule offers guidelines explaining who is a highly paid employee, and says a plan discriminates if it favors such workers in terms of eligibility or benefits. ...
In seeking comments, the IRS asked employers and others how to define “benefits.” Do they include, for example, not just the coverage provided, but how much employees pay toward those costs? Some firms, for example, charge executives less than other employees – or nothing at all – toward coverage. Would that count as being discriminatory? ...
Researchers analyzed 33,060 runners in the National Runners’ Health Study and 15,045 walkers in the National Walkers’ Health Study. They found that the same energy used for moderate intensity walking and vigorous intensity running resulted in similar reductions in risk for high blood pressure, high cholesterol, diabetes, and possibly coronary heart disease over the study’s six years.
“Walking and running provide an ideal test of the health benefits of moderate-intensity walking and vigorous-intensity running because they involve the same muscle groups and the same activities performed at different intensities,” said Paul T. Williams, Ph.D., the study’s principal author and staff scientist at Lawrence Berkeley National Laboratory, Life Science Division in Berkeley, Calif.
Unlike previous studies, the researchers assessed walking and running expenditure by distance, not by time. Participants provided activity data by responding to questionnaires.
“The more the runners ran and the walkers walked, the better off they were in health benefits. If the amount of energy expended was the same between the two groups, then the health benefits were comparable,” Williams said.
Comparing energy expenditure to self-reported, physician-diagnosed incident hypertension, hypercholesterolemia, diabetes and coronary heart disease, researchers found:
- Running significantly reduced risk for first-time hypertension 4.2 percent and walking reduced risk 7.2 percent.
- Running reduced first-time high cholesterol 4.3 percent and walking 7 percent.
- Running reduced first-time diabetes 12.1 percent compared to 12.3 percent for walking.
- Running reduced coronary heart disease 4.5 percent compared to 9.3 percent for walking.
“Walking may be a more sustainable activity for some people when compared to running, however, those who choose running end up exercising twice as much as those that choose walking. This is probably because they can do twice as much in an hour,” Williams said. ...

