News & Views

Breaking Benefits News

EEOC Proposed Wellness Regulations.

Proposed regulations have been issued by the EEOC to assist employers in determining whether or not a wellness program will be considered voluntary for purposes of the ADA. These long-awaited regulations – which are still subject to comment and revision – give employers an initial roadmap for wellness programs by essentially agreeing with the HHS that wellness incentives that are less than 30% of the employee-only health plan costs are voluntary for purposes of the ADA. The regulations also impose certain affirmative obligations on employers including making participation in wellness programs optional, prohibiting retaliation for failure to participate or to reach a health goal and also require the employer to make certain disclosures to employees regarding the privacy, use and confidentiality of their wellness plan information.

Printable PDF