Policy Name:	Workplace Wellness Grant Program (WWGP)
Policy #:	SP-23-01
Code/Rule Reference	ORC 4121.37 and OAC 4123-17-56.1.
Effective Date:	March 26, 2018
Origin:	Division of Safety & Hygiene
Supersedes:	N/A
History:	New policy issued August 20, 2020.
Review Date:	March 26, 2023

 

 

I.      Policy Purpose

 

The Ohio Bureau of Workers' Compensation (BWC) uses the Workplace Wellness Grant Program (WWGP) to prevent occupational injuries and illnesses by assisting employers with the creation and implementation of workplace wellness programs to address health risk factors and develop health promotion programs for employees.

 

II.    Applicability

 

This policy applies to the Division of Safety & Hygiene (DSH), wellness program vendors, private employers (PA employers), public employer taxing districts (PEC employers), Marine Industry Fund employers, Coal-Workers’ Pneumoconiosis Fund employers, and their authorized representatives.

 

III.   Definitions

A.    Aggregate data: The averaging and categorizing of a particular data element for the population of participating employees.

B.    Biometric data: Individual measures of blood pressure, cholesterol, body mass index (BMI), blood glucose, and triglycerides.

C.   Case study (annual report): A report summarizing the activities completed in the previous year, participation rates in the activities, activities planned for the upcoming year, and any unique features of the employer’s workplace wellness program. The purpose of the case study is to:

1.    Assess the impact of wellness on workplace safety;

2.    Assess the frequency and severity of workers’ compensation claims; and

3.    Establish best practices for the implementation of workplace wellness programs.

D.   Health risk appraisal (HRA): A questionnaire completed by each individual employee that is designed to assess current health status and enhance motivation to improve.

E.    Health risk factors: Physical and mental characteristics that can be modified by individual behaviors, nearly always with much less cost, in comparison to waiting for sickness and then attempting to treat the disease. An example is high blood pressure.

F.    Participating employee: An employee who completes an HRA and biometric screening within the first three months of the first year, and each subsequent year, of the WWGP. The employee must participate in a least one activity to improve or maintain health in each year of the WWGP.

1.    Both full-time and part-time employees may participate. Temporary workers and independent contractors are not eligible for reimbursement.

2.    An employee, who did not previously participate, may join the employer’s workplace wellness program for an upcoming year. However, the employee must wait until the employer’s next cycle begins.

G.   Workplace wellness program: A health and wellness program in the workplace which consists of biometric screenings, HRAs, activities based on the results of the biometric screenings, program measurements, and policies.

IV.  Policy

A.    Eligibility criteria.

1.    Initial eligibility.

a.    To qualify for the WWGP, an employer must:

i.      Be a PA employer, a PEC employer, a Marine Industry Fund employer, or a Coal-Workers’ Pneumoconiosis Fund employer;

ii.     Be current with respect to all payroll reporting and payments due to any fund administered by BWC;

iii.    Have no more than forty (40) days of cumulative lapses in workers’ compensation coverage within the prior twelve (12) months;

iv.   Maintain active workers’ compensation coverage, which does not include a coverage status of “no coverage” or “lapsed;”

v.     Have been in existence for at least two years;

vi.   Have reported payroll for at least one full policy year; and

vii.  Timely report actual payroll for the preceding policy year and pay any premium due upon reconciliation of estimated premium and actual premium. An employer will be deemed to have met this requirement if BWC receives the payroll report and the employer pays premium associated with such report before the expiration of any grace period. See the Payroll True-Up policy for additional information.

b.    An employer with an existing workplace wellness program is not eligible for the WWGP. BWC considers the employer to have a workplace wellness program if the employer’s program has:

i.      HRA and biometric assessment requirements, both of which measure health risk factors; and

ii.     Programs designed to address health risk factors.

c.     Professional employer organization (PEO) and client employer eligibility.

i.      A PEO may apply for the WWGP under its own policy number and can only use grant funds for operations owned by the PEO and not for any client employer.

ii.     A client employer with a PEO agreement is generally ineligible for the WWGP. To be eligible for the WWGP, the client employer must demonstrate that the employees participating in the workplace wellness program are covered under the client employer’s BWC policy.

2.    Continuing eligibility for participating employers.

a.    To continue participation in the WWGP, an employer must:

i.      Be current with respect to all payroll reporting and payments due to any fund administered by BWC;

ii.     Have no more than forty (40) days of cumulative lapses in workers’ compensation coverage within the prior twelve (12) months; and

iii.    Maintain active workers’ compensation coverage. Active policy status does not include a coverage status of “no coverage” or “lapsed.”

b.    After the first year of participation, an employer will be eligible to renew its application and continue participation in the WWGP at the discretion of BWC.

B.    Application requirements and BWC evaluation of application.

1.    The employer must:

a.    Complete and submit to BWC an online Application for Workplace Wellness Grant Program (SH-27);

b.    Demonstrate the need for the WWGP through an interview with DSH;

c.     Complete and submit to BWC an online Safety Management Self-Assessment (SH-26); and

d.    Download, sign, and email the Workplace Wellness Grant Program Contract (WWGP contract) to Program.Wellness@bwc.state.oh.us.

2.    The SH-27 and WWGP contract must be signed by an owner, partner, officer, or other person having fiduciary responsibilities with the employer.

a.    The employer agrees the signer, or their successor, will have authority to oversee the employer’s responsibilities for the duration of the WWGP; and

b.    The signer’s authority will continue until the employer notifies BWC of the name of the successor.

3.    The state of Ohio considers a grant recipient a supplier. The employer must register on the Supplier Portal by using OH|ID to create an account with a username and password for the Supplier Portal. The employer will use the Supplier Portal to obtain a supplier ID number, then complete and send the following forms to Ohio Shared Services:

a.    Request for Taxpayer Identification Number & Certification (W-9); and

b.    Electronic Funds Transfer (EFT) Payment Authorization Agreement for Direct Deposit (OBM-4310-Rev.5-24-2019).

4.    The employer’s WWGP application will be evaluated by the Wellness Grant Department to determine eligibility. If the employer meets eligibility requirements, the Wellness Grant Department:

a.    Evaluates the employer’s baseline assessment of the worksite; and

b.    Assesses the employer’s proposed workplace wellness program.

5.    BWC will notify the employer by email whether the employer’s WWGP application is approved or denied.

6.    An employer may not use WWGP funds for salaries, wages, internal labor, expenses, or any costs associated with preparing the application.

C.   Operation of program.

1.    The WWGP is a four-year program.

2.    BWC may limit participation in the WWGP based upon the availability of BWC resources and the merits of the employer’s proposal.

3.    BWC will award grant funds on a first come, first served basis.

4.    An employer may receive up to $300 per participating employee over the four-year program participation period, up to a maximum of $15,000 per employer. The $300 per participating employee is allocated as follows:

a.    Year 1 - $100.

b.    Year 2 - $75.

c.     Year 3 - $75.

d.    Year 4 - $50.

5.    If BWC accepts the employer into the WWGP, the employer must:

a.    Develop an implementation strategy plan for its WWGP;

b.    Enter into a four-year WWGP contract with BWC detailing the rights, obligations, and expectations of both parties for performance of the WWGP;

c.     Contract with at least one approved third-party wellness program vendor to execute the employer’s workplace wellness program;

d.    Implement the workplace wellness program within three months from the date BWC disbursed WWGP funds to the employer;

e.    Submit case studies to BWC for up to four years following the implementation of the WWGP; and

f.      Agree not to eliminate jobs or reduce employment due to the implementation of the employer’s workplace wellness program.

6.    An employer may not self-administer any portion of its workplace wellness program. The employer’s workplace wellness program must be executed by its wellness program vendor. BWC maintains a list of wellness program vendors on its website. However, BWC does not endorse any of the wellness program vendors on the list. An employer may use any wellness program vendor, including a wellness program vendor that does not appear on BWC’s list.

7.    An employer must notify BWC immediately of a change in wellness program vendor and send BWC a copy of the contact between the employer and the new wellness program vendor.

8.    The employer’s implementation of its workplace wellness program cannot take place before the disbursement of WWGP funds.

9.    BWC monitors the employer’s use of WWGP funds.

10.  The employer must use WWGP funds to compensate the employer’s wellness program vendor for providing HRAs, biometric screenings, and subsequent activities addressing the results of the HRAs and biometric screenings.

11.  BWC may meet with the owner, chief executive officer, chief financial officer, or other persons having fiduciary responsibilities with the employer to evaluate the employer’s progress in the WWGP.

12.  The employer agrees to provide BWC with access to information to measure the effectiveness of the WWGP.

13.  The employer agrees to allow BWC to:

a.    Inspect original program records onsite of WWGP participants upon demand if questions arise regarding the employer’s participation; and

b.    Use the employer’s WWGP results to illustrate, educate, and train employers and employees through use of such items as literature, data, and videos.

14.  BWC evaluates the research data from the WWGP on a periodic basis. BWC may publish reports of the research to assist employers in preventing workplace injuries and illnesses.

15.  The employer’s wellness program vendor must develop and implement the employer’s workplace wellness program and activities.

a.    Employers and wellness program vendors may review the WWGP page on BWC’s website for:

i.      Examples of programs and activities which are covered by WWGP funds; and

ii.     Examples of programs and activities which cannot be purchased with WWGP funds.

b.    The examples listed on BWC’s website are not exhaustive. An employer or wellness program vendor may contact DSH with questions regarding programs and activities which are covered under the WWGP.

16.  BWC will issue the employer an IRS 1099 for WWGP grant funds.

17.  BWC is required to post the names of WWGP recipients, and dollar amounts awarded, on the BWC website. This requirement is mandated by ORC 125.112(F).

D.   Program participation requirements.

1.    The employer must share aggregate data with BWC related to employees’ health risk factors and costs. BWC uses the data to determine the effectiveness of the WWGP on workers’ compensation claims frequency, claims costs, and the timeliness of post-injury return to work.

2.    The employer must complete the following steps within three months of the initial WWGP approval:

a.    Submit a copy of the wellness program vendor contract to BWC;

b.    Complete HRAs and biometric screenings;

c.     Submit total health care utilization costs, aggregate biometric data, aggregate HRA data, and employee information to BWC by using the Wellness grants - Progress look-up service offering on BWC’s website; and

d.    Notify the wellness program vendor to submit a copy of the aggregate data report to BWC. The report must be emailed to Program.Wellness@bwc.state.oh.us.

3.    The employer must provide BWC with documentation on the use of the funds, including submission of original paid itemized invoices, proof of payment, proof of the employer’s contribution, and cancelled checks demonstrating the employer spent all WWGP funds toward approved expenditures.

4.    The employer must annually complete the following steps during participation in the WWGP:

a.    Submit to BWC a year end case study, which is due beginning one year from the date BWC issued the WWGP check;

b.    Submit to BWC all paid, itemized invoices, and copies of all cancelled checks, to support all invoices associated with HRAs and biometric screenings, within three months of reporting this data; and

c.     Submit to BWC all invoices and copies of all cancelled checks, for the health promotion programs and activities by the case study date.

5.    The employer must complete the following steps to receive funding for year two through year four of the WWGP:

a.    Complete and timely submit to BWC the case study by the due date to receive funding for the next year;

b.    Complete and submit to BWC an SH-26;

c.     Obtain approval from BWC for the WWGP; and

d.    Complete the following steps within three months of receiving WWGP approval:

i.      Execute a contract with a wellness program vendor and submit a copy of the contract to BWC if the terms of the prior contract changed, or the employer chose a new wellness program vendor;

ii.     Complete HRAs and biometric screenings for all participating employees through the employer’s wellness program vendor;

iii.    Submit aggregate HRA, biometric, and employee data by using the Wellness grants - Progress look-up service offering on BWC’s website; and

iv.   Notify the wellness program vendor to submit a copy of the aggregate data report to BWC. The report must be emailed to Program.Wellness@bwc.state.oh.us.

6.    The employer must demonstrate proper use of grant monies and the effective implementation of the employer’s workplace wellness program.

a.    The employer must provide BWC with documentation showing the use of the awarded funds.

b.    The documentation must be submitted to BWC within three months after reporting aggregate HRA, biometric data, and employee data.

c.     Documentation includes, but is not limited to, original invoices, receipts, and cancelled checks showing the use of the awarded funds.

E.    Disqualification from the WWGP.

1.    BWC will immediately disqualify an employer from the WWGP who knowingly misrepresented information on the SH-27. “Knowingly” means the employer had actual knowledge of the misrepresentation and was aware the misrepresentation would cause a certain result.

2.    BWC will immediately disqualify an employer from the WWGP who violates any rule or statute pertaining to confidential personal information and personal health information, including, but not limited to, OAC 4123-10-04.

3.    BWC will immediately disqualify an employer from the WWGP who coerced employees to participate in the WWGP. “Coerced” means intimidating an employee to compel the individual to do some act against his or her will by the use of psychological pressure, physical force, or threats. The definition of “coercion” as stated in ORC 2905.12 also applies to this paragraph.

4.    BWC will immediately disqualify an employer from the WWGP who eliminated jobs or reduced employment due to the implementation of the employer’s workplace wellness program.

5.    BWC may disqualify an employer from the WWGP who misused WWGP funds or otherwise violated the WWGP contract.

6.    BWC will disqualify an employer from continued participation in the WWGP if the employer fails to immediately meet the criteria of section IV.A.2. of this policy.

7.    An employer disqualified from participation in the WWGP under any of the above paragraphs must make restitution to BWC for all WWGP monies awarded.

8.    BWC reserves the right to recover grant monies from disqualified employers by one or more of the following methods:

a.    Billing the employer for the grant money received; or

b.    Forwarding to the Ohio Attorney General for collection, set off, recoupment, or other legal remedy.

9.    An employer may face civil or criminal sanctions if:

a.    The employer misappropriates or misuses WWGP funds; or

b.    The employer misrepresents information or documentation when requesting, or attempting to secure, WWGP funds.

F.    Combinations and transfers. If an employer merges or combines its business after receiving WWGP monies, but before completing the required annual case studies, BWC’s Successorship policy applies.

1.    The WWGP employer (predecessor) is responsible for notifying the successor of the obligations under the WWGP; and

2.    The successor may be liable to repay any and all previously paid WWGP monies if the predecessor’s obligations are not met.

G.   Resolution of complaints. An employer who is determined to be ineligible for the WWGP, or is disqualified from continued participation in the WWGP, may request reconsideration of BWC’s decision.

1.    The employer’s request must be in writing and filed with the Superintendent of DSH within thirty (30) days of the notification of the decision.

2.    The employer may submit a request for reconsideration of the Superintendent’s decision to the BWC Adjudicating Committee.

3.    The Adjudicating Committee will consider the request and make a recommendation on the employer’s eligibility to the BWC Administrator.

4.    The decision of the Administrator shall be final.

5.    Employer complaints are processed under the General Employer Complaint Policy. BWC has not identified any program-specific extenuating circumstances that apply to the WWGP.