EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under The ADA And GINA

The Equal Employment Opportunity Commission ("EEOC") has issued two final rules addressing employer-sponsored wellness programs' compliance with Title I of the Americans with Disabilities Act ("ADA") and Title II of the Genetic Information Nondiscrimination Act ("GINA"). Both rules will become effective for health insurance plan years beginning on or after January 1, 2017 and will apply to all workplace wellness programs, including those in which employees or their family members may participate without also enrolling in an employer's group health plan.

As we reported last April, the proposed rules issued by the EEOC sought to address the amount of incentive an employer can provide to encourage (but not coerce) participation in health risk assessments and other wellness program offerings. Under the final rules, the maximum incentive (or penalty) that is attributable to an employee's participation in a wellness program that (i) asks questions about the employee's