"Although the FAQs provide welcome guidance, there remains confusion as to the correct categorization of certain types of programs, complicated further because walking, diet, and exercises programs that were classified under the former regulations as participatory-only, are now classified as activity-only programs. Thus, plan sponsors may be under the impression that they are offering a participatory-only program because participants choose their wellness options -- but if a participant chooses a walking program, presumably the employer now has to comply with the rules relating to activity-only programs for that participant."  MORE >>