EEOC released a proposed rule that provides much needed guidance on how the Americans with Disabilities Act (ADA) applies to employee wellness programs.
The long-awaited proposed rule would provide much needed guidance for employers on how to structure employee wellness programs without violating the ADA. Most importantly, the proposed rule addresses the amount of incentives that may be offered under employee wellness programs that are part of group health plans. This amount is generally consistent with HIPAA’s limits on wellness program incentives, although the proposed rule does not fully incorporate HIPAA’s increased incentive limit for tobacco cessation programs.
Implications for Employers
The EEOC is seeking comments on the proposed rule and may make revisions to its guidance before it is finalized. While employers are not required to comply with the proposed rule before it is finalized, they may choose to do so. According to the EEOC, it is unlikely that a court or the EEOC would find an ADA violation where an employer complied with the proposed guidance until a final rule is issued.
Wellness Programs
Many employers offer workplace wellness programs as a way to help control health care costs, encourage healthier lifestyles and prevent disease.
More Information
To help employers understand the proposed guidance, the EEOC provided a fact sheet and a set of questions and answers.
Need help on how your company can structure a wellness program with incentives that are both legal and have the greatest impact to change employees behavior? Power Kunkle can help develop a program that addresses your company’s unique needs, no matter what size or budget.