On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule regarding employer wellness programs. Employer wellness programs have been under scrutiny for potential violations of the Americans with Disability Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA) because of questions regarding the “voluntary” nature of participation.
Previous EEOC regulations define voluntary as when “an employer neither requires participation nor penalizes employees who do not participate.” The EEOC is proposing the regulation to add clarity regarding the size of the incentive that may be offered for participation in the wellness program. The proposed rule limits the incentive to 30% of the total cost of employee-only coverage.
The proposed rule will be open to comment for 60 days from April 20. The proposed rule may be found at the following link: http://www.gpo.gov/fdsys/pkg/FR-2015-04-20/pdf/2015-08827.pdf
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