The Business Roundtable, an association of chief executive officers of 200 leading U.S. companies, is weighing formally opposing Obamacare, which it had previously supported.
The association cited recent lawsuits by the Equal Employment Opportunity Commission against company health policies as the reason for the shift.
"The fact that the EEOC sued is shocking to our members," said Maria Ghazal, the group's vice president, told Reuters on Saturday. "They don't understand why a plan in compliance with the ACA is the target of a lawsuit. This is a major issue to our members."
Roundtable members are scheduled to meet in private with President Obama on Tuesday to discuss their objections.
The association has objected to EEOC lawsuits directed at company "wellness programs" — policies that are aimed at reducing employer-sponsored medical insurance costs by promoting healthier lifestyles, such as avoiding smoking or exercising regularly. Obamacare allows companies to reward employees who participate and penalize those who don't.
Nevertheless, the EEOC filed suit against wellness programs at some companies, most notably at Honeywell International, which required employees and their spouses to undergo biometric screening to determine their cholesterol levels and body mass index or face a $1,000 fine.
In an October court filing, the EEOC said the penalties violate the Americans With Disabilities Act. The claim angered the Roundtable, which had worked hard with the administration to craft a wellness program policy that didn't run afoul of anti-discrimination laws. Business groups had lobbied aggressively for the provision when Obamacare was being written, and thought they had reached an agreement with the administration.
In a letter last year to the Labor Department, the Roundtable applauded "the efforts of the Departments to create workable, flexible rules that encourage the design, establishment and operation of employer-provided wellness programs."
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