White Paper

The New EEOC Rules on Employer Wellness Programs

 
“On May 17, 2016, the Equal Employment Opportunity Commission (EEOC) issued its final rules on the treatment of wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The new rules explain the differences between the ADA and GINA requirements for voluntary health programs and the Health Insurance Portability and Accountability Act (HIPAA) and Affordable Care Act (ACA), which govern wellness programs that are part of a group health program. The new notice and rules regarding financial inducements go into effect in January 2017, and will apply to all workplace wellness programs. Other provisions in the new rules are intended to clarify existing obligations and apply immediately. So, it is important for employers who offer wellness programs to understand the new ADA and GINA rules and to plan accordingly.”

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Our author, Quentin Smith, is a shareholder/director with Sheehan & Sheehan, P.A. His practice areas are employment and labor law; and general civil litigation. Mr. Smith has successfully defended small and large employers against many types of claims, including discrimination, harassment, and wrongful discharge. He is certified by the New Mexico Board of Legal Specialization as a specialist in employment and labor law.