Q&As Provide Additional Guidance
A sample notice is now available to help employers comply with new wellness program rules under the federal Americans with Disabilities Act(ADA). Among other things, the new rules require employers offering wellness programs that collect employee health information to provide a notice to employees informing them what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential.The requirement to provide the notice takes effect as of the first day of the plan year that begins on or after January 1, 2017 for the health plan an employer uses to calculate any incentives it offers as part of the wellness program. Once the notice requirement becomes effective, employees must receive it before providing any health information, and with enough time to decide whether to participate in the program.
New Q&As Also Released
To help employers comply with the new notice requirement, the EEOC has also released a set of Q&As, which clarify, among other items:
- Who must provide the notice;
- The format in which the notice should be provided;
- Whether an employee's signed authorization is required as part of the notice requirement; and
- Whether the current notice required under the federal Health Insurance Portability and Accountability Act (HIPAA) satisfies the new notice requirement under the ADA.
The ADA applies generally to employers with 15 or more employees. For more information on the new ADA rules, you may review the previously released Q&As and fact sheet.
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