Smart Benefits: EEOC Notice Clarifies ADA-Compliant Wellness Programs

Rob Calise, GoLocalProv Business/Health Expert

Smart Benefits: EEOC Notice Clarifies ADA-Compliant Wellness Programs

Last week, the Equal Employment Opportunity Commission (EEOC) published a proposed rule clarifying how the Americans with Disabilities Act (ADA) applies to employer wellness programs that are part of group health plans. The notice follows recent challenges by the EEOC that certain programs violated the ADA because their rewards or penalties essentially made the programs mandatory since employees couldn’t afford not to participate. The law says that wellness programs have to be voluntary.

Up to 30% Incentives Allowed

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The rule helps clear up for employers how wellness programs that use health risk assessments and biometric screenings to determine an employee's health risk factors and offer financial and other incentives for employees who achieve certain outcomes can comply with the ADA. Specifically, consistent with HIPAA, it provides that companies may offer incentives of up to 30 percent of the total cost of employee-only coverage in connection with wellness programs. 

No Discrimination

Wellness programs can include medical examinations or questions about employees' health (such as questions on a health risk assessment) as long as the programs are reasonably likely to promote health or prevent disease. To further safeguard employee health information, the proposed rule adds a new requirement. Specifically, medical information collected as a part of a wellness program can only be disclosed to employers in aggregate form that doesn’t reveal the employee's identity, and must be kept confidential in accordance with ADA requirements.

Comment Period 

Public comment on the proposed rule is open until June 19, when the EEOC will publish final regulations.

Rob Calise is a founding partner of Cornerstone Group, where he helps clients control the costs of employee benefits by focusing on consumer driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance.

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