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Many employers offer workplace wellness programs as a way to help control health care costs, encourage healthier lifestyle sand prevent disease. There are a number of federal laws that impact the design of employer-sponsored wellness programs, including the Americans with Disabilities Act (ADA). Under the ADA:
– Wellness programs cannot discriminate against individuals with disabilities;
– Medical information obtained as part of a wellness program must be kept confidential; and
– Wellness programs that involve medical examinations or disability-related questions must satisfy certain additional requirements.
On May 17, 2016, the Equal Employment Opportunity Commission (EEOC) issued a long-awaited
final rule to address how the ADA impacts wellness program design. The final rule generally took effect for plan years beginning on or after Jan. 1, 2017. However, the EEOC removed the incentive limits from the final rule, effective Jan. 1, 2019, in order to implement a court ruling that vacated that portion of the final rule.
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