"[1] The EEOC proposed rule ... places an incentive cap not only on health-contingent programs, but also on participatory programs that include health questionnaires with disability-related inquiries or medical examinations.... [2] The EEOC proposed rule does not dispute the 50 percent incentive level for tobacco-related programming, unless nicotine testing is involved. If the tobacco-related program involves a medical test for nicotine, the incentive cap is 30 percent.... [3] [R]equiring wellness participation for health plan eligibility would deem the program involuntary, according to the EEOC.... [4] When a wellness program is part of a group health plan, the EEOC's proposed rules require employers to provide a detailed notice to participants separate from other notices that are required by HIPAA."

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