Employers that collect health information as part of their wellness programs will need to comply with the Americans with Disabilities Act’s (ADA) new notice requirement as early as Jan. 1, 2017 (for calendar year health plans).

On May 16, 2016, the EEOC issued a final rule that describes how the ADA applies to employer-sponsored wellness programs that ask questions about employees’ health or include medical examinations. The final rule includes a notice requirement for employers offering wellness programs that collect employee health information. These employers must provide a notice to employees explaining what information will be collected, how it will be used, who will receive it and what will be done to keep it confidential.

The final ADA rule does not apply to wellness programs that do not obtain medical information but simply require employees to engage in an activity (such as walking a certain amount every week) in order to earn an incentive.

To get ready for this new notice requirement, employers should review the EEOC’s sample notice and prepare a new wellness plan notice or revise their current wellness plan notices to include the necessary information.

Reference the below bulletin for detailed information regarding this new requirement, and contact your NEEBCo representative with questions.

EEOC Issues Sample ADA Notice for Wellness Plans