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EEOC Proposed Wellness Regulation Restricts Incentives for Voluntary Programs But Offers Path for Programs That Satisfy ACA Standard
ProskauerLink to more items from this source
[Guidance Overview]
Jan. 18, 2021

"The proposed regulations address the court's concern with the 2016 regulations by specifying that any incentive that is more than de minimis would render a program involuntary. But the proposed ADA regulation offers a new 'safe harbor' that would allow health plans to offer bigger incentives to participate in certain health-contingent wellness programs -- but not to provide family medical history or other genetic information -- if the requirements under the HIPAA regulations are satisfied."

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