Agencies Release Final Rule On Employer Wellness Programs

Federal agencies charged with implementing provisions of the Affordable Care Act (ACA) have released their final rule governing nondiscriminatory wellness programs in group health coverage. The rule addresses the parameters and design criteria for both health-contingent wellness programs – those that reward individuals who meet a specific standard or goal related to their health –and participatory wellness programs, which generally are available without regard to an individual's health status, such as reimbursement for the cost of fitness club memberships or rewards for attending health seminars. In addition, the final rule addresses the reasonable alternatives that must be provided to avoid discrimination. Notably, the agencies recognize that "each wellness program is unique and questions may remain regarding the application of these requirements." Therefore, employers can expect the issuance of future subregulatory guidance clarifying and possibly modifying this final