Summary: This summary of key questions and answers regarding the May 17, 2016 publication of EEOC Final Rules for employers and health plans regarding wellness incentives is an important clarification of the EEOC position on wellness incentives.  This information was downloaded from the EEOC website and placed in the attached PDF document on May 16, 2016.

The EEOC up until these Final Rules has held a position that wellness incentives are a questionable strategy for U.S. employers and employees.  These Final Rules bring the Agency position into substantial alignment with all the other significant federal agencies that regulate various aspects of employer and health plan activity regarding wellness.  The regulations themselves will be available shortly once they have been officially promulgated in the Federal Register.

Practical Significance: This set of questions and answers regarding the Final Rules governing Title 1 of the Americans with Disabilities Act (ADA) and the Genetic Information Non-Disclosure Act (GINA) provides clear and much needed guidance to American employers that want to utilize wellness incentives linked to health plan coverage and terms.  This issuance will make wellness incentives a much more clear and safe area for employer health and wellness initiatives.