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a reward is available to all similarly situated individuals if the wellness program offers a reasonable alternative standard to individuals who do not meet the initial standard to obtain the reward (i.e., smokers in a tobacco premiums surcharge wellness program) A reasonable alternative standard can include, for example, an education seminar on quitting smoking The full reward must be available to anyone who completes the reasonable alternative standard Frequency of the reward: The plan must offer participants the opportunity to qualify for the reward at least once per year Notice of availability: The plan must disclose in all plan materials that describe the tobacco cessation program, the terms of the wellness program and the availability of the reasonable alternative standard, including contact information for obtaining the reasonable alternative standard and a statement that any recommendation of an individuals personal physician will be accommodated Recent Litigation Recent lawsuits allege that that certain tobacco cessation wellness programs fail to meet the wellness requirements because the wellness program does not offer or properly communicate the reasonable alternative standard

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One blunt LLA director said, They [the staff at TCS] are very controlling, very, very strong
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