On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued final rules that describe how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer-sponsored wellness programs.

The final ADA rule provides that wellness programs that ask questions about employee health or include medical examinations may offer incentives of up to 30% of the total cost of self-only coverage. The ADA rule also requires that employers give participating employees a notice that tells them what information will be collected as part of the wellness program, with whom it will be shared and for what purpose, the limits on disclosure and the way information will be kept confidential.

The final GINA rule also allows an employer to provide limited incentives for an employee’s spouse to provide information about his or her health status as part of a voluntary wellness program.

The provisions of the final rules related to the incentive limits and the ADA notice requirement will apply only prospectively to employer-sponsored wellness programs as of the first day of the first plan year that begins on or after Jan. 1, 2017, for the health plan used to determine the level of inducement. According to the EEOC, other wellness program provisions (such as the reasonable design and confidentiality requirements) are clarifications of existing obligations.

Please reference the below bulletin for details on structuring your wellness program to meet these updated regulations, and contact your NEEBCo representative with any questions you may have.

EEOC Finalizes Wellness Rules under ADA and GINA