Executive diagnostic (physical) plans are allowed to be offered only to Highly Compensated Employees without running afoul of the Internal Revenue Code § 105(h) nondiscrimination rules.
However, if offered to more than one person, it would be a group health plan, subject to the full range of preventive care services required by health care reform (counseling for smoking cessation, weight loss, depression, alcohol use, and a broad range of women’s health services).
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