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CVS Tells Employees to Weigh In or Pay Up

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  • Description

    Judge Andrew Napolitano on CVS pressing employees for medical information.

  • Duration 4:42
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This transcript is automatically generated

All right so this story we've Bob Tucker the CBS story a couple times and other -- have something to say.

About its interest to get a number different levels but either way you -- you have to pay up yet to pay more basically that's the CBS is saying.

To a a big staff 200000 employees.

This is a huge made the company wants employees to use -- health plan to submit their weight.

Their body fat levels glucose and other vital statistics about well.

How much they weigh in their health.

Or pay a fifty dollar monthly fine judge Andrew Pollack -- is of course -- Fox News senior judicial analyst and thinks what about this.

Well we have a couple of basics here if the employees are governed by -- contract if they ever written contract probably only the senior executives do.

The contract would -- -- What information the corporation can obtain from the employee voluntarily or involuntarily.

So let's assume they don't have a contract which is probably the case.

Then the corporation.

Can.

Ask for any information that it is entitled to know in order to more efficiently.

Operate its business.

It can make decisions on an at will basis because it likes people -- doesn't like me can't make decisions based on race or gender.

Or age or in some states sexual orientation or creed or religion.

Or or national origin but it can say for example.

We will operate this company more efficiently and give the shareholders -- greater return on equity.

If we hire people within this range -- then fill in the -- for -- above blood sugar and blood pressure and weight.

Because since we are now forced to provide you with the health care.

This is a more efficient class of people to whom to provide -- health care.

And they do that yes -- did you think that they're asking for the ire of people across the country and accusations of discrimination and someone well I remember not all I'm not not -- not all discrimination is prohibited by law -- only discrimination has prohibited by law.

Is the bases that we just talked about and and we know those bases gender race age religion etc.

But discriminating on the basis of health.

Is not prohibited by law with this exception.

The Americans for disabilities act prohibits discriminating against someone because they have on our ticket couple disability right.

Now that can mean a physical disability and emotional disability or -- mental disability.

High blood pressure Heidi sugar is not a recognized disability and you're not tight -- because not taking care been -- and it sounds.

Such callous would have -- not taking care of yourself essentially you're saying is not a disability correct and that's basically what -- is correct now if you wanna put another twist in this -- CVS were.

The Department of Justice.

-- the Department of Agriculture -- the state of New Jersey couldn't ask for this information answer no.

Because the government both as the sovereign as the enforcer of laws.

And as an employer of the people who enforce the law is is regulated by the Fourth Amendment.

CBS.

News Corp.

IB MX on private corporations are not regulated by the Fourth Amendment so they can.

They ask you private information about yourself which will help them manager work more efficient what about the application of this to Medicare.

And paying that.

That -- Well hi I'm I would need to know more about your question and Medicare is federal funds administered through the state.

Prime CVS theoretically has nothing to do it this -- CBS is glad Medicare is around.

Because once you reach a certain age if you're still employed there they don't have to cover it.

Can beat you still don't say because again as -- -- Cost of medical you're familiar asked -- if the state for example the state of New Jersey and it was now has a ballooning Medicare responsibility.

Can ask for this information.

From the people get that insurers under Medicare absolutely -- Medicaid and it absolutely -- -- federal programs on the government the government can't invade privacy.

In order to operate more efficiently -- but private corporations and private employers can't sort of think more and more companies to try I think yes and yes I mean -- -- honestly think put aside the merits of obamacare in Miami fierce opponent of it from the economic medical moral and constitutional.

-- merits.

But the promise.

That nothing would get worse and everything would get better obviously is not going to come to pass.

I mean people -- going to be left out in the cold -- because the burdens that the federal government has put on employers are are too expensive to meet.

And and it's we're beginning to see it right before our eyes and ask anyone of the 200000 employees of CVS.

If there happy with a obamacare.

Interest and terrific do you get the same answer not a discussion and project -- always good to see a good to see it while.

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