Regional Vice President of Sales The Retirement Plan Company
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EEOC Releases Wellness Regs Under ADA and GINA
Michael Best & Friedrich LLP [Guidance Overview] May 19, 2016
"The biggest change under the regulations is a reduction in the value of incentives that employers can offer under a wellness arrangement subject to the ADA or GINA, and that such limits apply to all types of wellness programs, not just health outcome-based. This is a narrowing of the limits set forth under [HIPAA].... [T]he ADA limits do not apply if there is no disability inquiry or medical examination under the wellness program. Similarly, the GINA limits would not apply if there is no request for genetic information[.]"
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