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|EEOC Proposed Wellness Program Regs May Affect Employer 'Affordability' Calculation|
Epstein Becker Green
Apr. 19, 2015
"[A] refusal to permit the full tobacco cessation incentive might tip an employee over the ACA's 9.5 percent threshold for 'affordability,' possibly resulting in assessable payments under the shared employer responsibility provisions.... [T]he proposed rule requests comments on whether it would be appropriate for the EEOC to provide that it would be deemed coercive and involuntary to require an individual to answer disability-related inquiries or submit to medical examinations connected to a wellness program with incentives that exceed the ACA's 9.5 percent affordability rate. It is also of great significance that the EEOC takes the position that the measure of affordability and the impact of a 30 percent reward or penalty are based on self-only coverage."
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