In a recent blog post, Tom Emerick, author of the book Cracking Health Costs, cited 12 questions that HR/benefits practitioners should ask themselves about their company wellness program. It’s a thought-provoking list, well beyond the usual and obvious things you should consider, like “Do you have senior management buy-in?” and “Are your incentives well aligned with company goals/objectives?”

Instead, Emerick asks real head-scratchers like:

• Does your wellness program prevent aging?
• Does your wellness program curb irrational health care spending?
• If your wellness program is so popular, how come you have to pay people more and more each year to get them to participate?

We like this list because it moves beyond the “how” of creating a wellness program—at this point, most employers can do that—and speaks more to answering the “why” and “what” of creating these programs. As in, why you’re truly launching a wellness program in the first place (Spoiler alert: “Because our competitors have one,” and/or “Because my CEO said to create one” are the wrong answers.) and what results you’re really after.

A 13th question that didn’t make Emerick’s list, though, is: Are you certain your wellness program is legal?

It’s an important query, as the latest from the Equal Employment Opportunity Commission is that the agency will be keeping closer tabs on wellness plans—specifically their compliance with anti-discrimination laws.

Testimony in a May 8 meeting noted that wellness programs could be challenged under a number of federal statutes—including the Americans with Disabilities Act, Genetic Information Non-Discrimination Act, Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Equal Pay Act, HIPAA and PPACA. Some participants in the meeting criticized both private and public employers for having wellness programs that could violate these laws. 

And, of course, we’d be remiss if we didn’t point out a final 14th question to ask yourself about your wellness program: Do your employees know about it and understand it?

Before you answer “yes” too quickly, we want to make you aware of survey results from Colonial Life that show 52% of employees who have a wellness program at work say they’re somewhat or not at all knowledgeable about it. The lack of knowledge only increases among employees that are younger, less educated and lower paid.

Communicating your wellness program the right way is just as an important piece of the puzzle as having one at all. Because if half of your employees don’t know about it well enough to use it, all the pedometers and gift-card incentives in the world won’t help you.