By BLR Senior Legal Editor Joan Farrell, JD
The Equal Employment Opportunity Commission (EEOC) has issued final wellness rules regarding incentives employers may use to encourage employee participation in wellness programs in compliance with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
 |
The ADA rule applies to all wellness programs that include disability-related inquiries or medical exams—regardless of whether a wellness programs is part of, or outside of, an employer-sponsored group health plan.
The GINA rule addresses incentives an employer offers for an employee’s spouse to participate in a wellness program. The rule applies to the first plan year that begins on or after January 1, 2017, for the health plan used to determine the level of incentive permitted under the rule. The information below covers the ADA rule. The GINA wellness rule will be covered in an upcoming article.