EEOC Issues Final ADA Rule On Employer Wellness Programs

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The U.S. Equal Employment Opportunity Commission has finalized rules specifying the extent to which employer-sponsored wellness plans can comply with the Americans with Disabilities Act (ADA) by offering incentives while still protecting employees against discrimination. The ADA generally prohibits employers from obtaining and using information about employees' health conditions; however, the law allows employers to ask health-related questions and conduct medical examinations, such as biometric screenings to determine risk factors, if the employer is providing health services as part of a voluntary wellness program. The final ADA rule provides that wellness programs that are part of a group health plan and that ask questions about employees' health or include medical examinations may offer incentives of up to 30 percent of the total cost of self-only coverage.

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Sample Notice for Employer-Sponsored Wellness Programs