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W W W. M A I N E B I Z . B I Z 13 H E A LT H Y B U S I N E S S Growing trend It's uncertain how many Maine companies o er wellness initiatives, but it's clearly a growing trend, says Roxane Dubay, executive director of the Wellness Council of Maine. She spoke by phone before excusing herself for her daily lunchtime group walk. e Wellness Council has seen the interest in wellness initiatives in its own membership: today the nonpro t has member companies across the state. at's up from -plus at the end of . Dubay predicts the number will grow. "Nationally, more than of companies have a wellness program in place. So I don't think we're alone," she says. However, "I think the challenge in Maine is with the predominance of small companies, and helping those companies have a program that's a ord- able and meaningful." Wellness programs di er among companies, in ways that depend on each one's needs, goals, and existing bene ts and programs. Among survey responses on this topic for Best Places to Work in Maine , employers often mentioned tness, weight loss, smoking-cessation, and biometric monitoring initiatives, but also discussed a holistic approach Wellness programs and legal implications Anne-Marie Storey, a partner with the Bangor-based law fi rm Rudman Winchell, provided a list of legal implications related to employer-based wellness programs: ¡ Medical inquiries, con dentiality and ability to participate are considerations in ensuring the compliance of wellness programs with the Americans with Disabilities Act and Maine Human Rights Act. For example, programs offer- ing incentives to achieve certain physical goals might discriminate against employees with disabilities. ¡ The work-relatedness of an injury sustained as part of a wellness program, depending on factors such as type and location of activities, could incur a Worker's Compensation claim. ¡ Wellness programs with targets/rewards affecting younger employees differently from older — a particular cholesterol level triggering a premium discount, for example — could trigger an Age Discrimination in Employment Act claim. ¡ Programs providing rewards for completing Health Reimbursement Arrangements that request genetic information, including family medical history, implicate the Genetic Information Nondiscrimination Act of 2008. Overall, genetic information can be collected as long as no rewards are provided. ¡ Programs must not penalize employees for off-duty behav- ior such as smoking, protected by Maine state law. ¡ Programs that reward employees for participating must meet certain criteria in order to comply with the Affordable Care Act and the Health Insurance Portability and Accountability Act. C O N T I N U E D O N F O L L OW I N G PA G E » A nonprofit aimed at helping companies — and employees T he Wellness Council of Maine was founded in 2002 by Bangor-based partners who "recognized that employ- ers need to provide health education and incentives to change unhealthy behaviors and to focus on long-term health improvements that bene t both employees and their companies," according to its website. The council partnered in 2013 with the National Wellness Institute for online resources. Today, as a nonpro t program of the Bangor Region Chamber of Commerce, and on a bud- get that in 2015 was just over $100,000, funded by spon- sors and member fees, the council's offerings encompass everything from health care consumerism to ergonomics, presented via consultations, lunch & learns, member-to- member networking, webinars, podcasts, access to health publications, discounts, dual membership with NWI, wellness certi cation programs, and wellness conferences, such as the recent Maine Well-Being Symposium, which featured a presentation from Blue Zones, a community well-being improvement initiative based on longevity studies around the world. With the help of its statewide steering committee, the council is now launching a free program for its small business members, in partnership with Anthem Blue Cross Blue Shield in Maine, helping those with fewer than 100 employees to build wellness programs. A community. For life. 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