"According to the preamble to the EEOC rules, the provisions of the EEOC rules (other than the new notice provision discussed above) apply to all wellness programs that include medical examinations or disability related inquiries, regardless of whether the wellness program is part of a group health plan. However, it is uncertain how some of the EEOC rules would be applied in practice; for example, it is unclear how the 30% limit on wellness program incentives would apply to a wellness program that is not a part of a group health plan. It may be that the EEOC will interpret the EEOC rules to prohibit any incentives that are not de minimis in the case of wellness programs not tied to a group health plan."  MORE >>