who include wellness programs as their will get guidance the privacy rights participating employees in new rules proposed by the US Equal Employment Opportunities Commission (EEOC).
The proposed rules, published in the Federal Register, explain how wellness programs can comply with the Americans with Disabilities Act (ADA) and the Portability and Accountability Act (HIPAA) as well as the .
Many workplace wellness programs to encourage healthier lifestyles or prevent disease. Under the Act, can incentives or rewards for participation in such a , such as reductions in premiums, co-pays or deductibles.
The proposed rules clarify that wellness programs are permitted under the ADA they are not used to discriminate based , and can include incentives up to % premiums.
The following conditions also must be met:
- Employees cannot be required to participate, and cannot be denied or disciplined if they refuse to participate
- Wellness programs must aim to promote or prevent disease, not just collect information
- Individuals with disabilities must be with reasonable accommodations that allow them to participate and earn the incentives offered
- Employees must be informed about what medical information will be collected, with whom it will be , how it will be used, and how it will be kept confidential.