Once again, the Equal Employment Opportunity Commission (EEOC) has updated its timetable to issue new proposed rules on permissible wellness incentives under the Americans with Disabilities Act. These regulations were originally scheduled for release in January 2019 but had been delayed to June 2019 and then December 2019. The most recent EEOC regulatory agenda slates a January 2020 release.
The fact that this revised timetable only gives the EEOC one additional month to release the proposed rule seems to signal that the EEOC is nearing completion of the proposed rule, and further delays may be unlikely.
It is important to note that a comment period will follow issuance of the proposed rules. The EEOC will then need time to consider the comments received before issuing a final rule. Therefore, it could be another year or more before final regulations are issued.
In the meantime, employers may continue to offer incentives to employees who participate in wellness programs. However, they should carefully consider the size of incentives for wellness programs that ask for health information or involve medical exams.
Reach out to your Hylant health strategist or a local Hylant representative for any questions regarding your wellness program incentive structure.
The above information does not constitute advice. Always contact your employee benefits broker or trusted adviser for insurance-related questions.