On May 17, 2016, the Equal Employment Opportunity Commission
("EEOC") issued final regulations concerning employer
wellness programs. The rules are effective starting July 18, 2016,
but are applicable to plans starting January 1, 2017. These rules
address Title I of the Americans with Disabilities Act
("ADA") and Title II of the Genetic Information
Nondiscrimination Act ("GINA").
The main goals of the ADA rules were to clarify the definitions
of wellness programs and voluntariness, explain the permitted use
of incentives, and make more consistent these regulations with
those under HIPAA and the Affordable Care Act also concerning
wellness programs.
The rules cover wellness programs under employer-sponsored group
health plans and those existing as a separate employment benefit.
The ADA rules are specifically addressed to those wellness programs
that make any disability-related inquiry or require medical
examinations. Note, the interpretive guidance for the
