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EEOC Final Rules on Wellness Programs

First few Article Sentences

On May 17, 2016 the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules describing how employer-provided wellness programs can comply with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The rules also address wellness plan compliance with the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (ACA).

The final rules become effective in January 2017, and apply to all workplace wellness programs, including those in which employees or their family members may participate without also enrolling in a particular health plan.

The ADA and GINA prohibit employers from obtaining and using information about employees’ health conditions or about the health conditions of their family members, including spouses. The laws allow employers to ask health-related questions and conduct certain medical examinations, such as biometric screenings to determine risk factors, as part of a voluntary wellness program.


Lynch, Matt

 

Sebris Busto James

EEOC

October 1, 2016

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