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Compliance Bulletin: EEOC Expected to Publish New Wellness Rules in 2019

The Equal Employment Opportunity Commission’s (EEOC) issuance of new proposed rules on permissible wellness incentives under the Americans with Disabilities Act (ADA) has been delayed a few months and is now expected to be published in December of this year. These new proposed rules will apply to the employer-sponsored wellness plans that require employees to answer questions about their health or include medical exams. Because the 30% incentive limit that was included in the final rules (issued by the EEOC in May 2016) was vacated by a federal court, effective January 1, 2019, the EEOC followed suit and removed the incentive limit from its final wellness rules. Employers should remain vigilant for the forthcoming proposed rules and also be cautious with the incentive limits they currently include in their wellness programs.

Contact your Cowden representative for more information on this or other compliance issues.

Read the Compliance Bulletin