Another delay in wellness program incentive clarification has occurred with the Equal Employment Opportunity Commission (EEOC) withdrawing the proposed rules they had issued in January 2021. The January proposed rule guidance focused on the Americans with Disability Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) and their interrelation to wellness programs and the incentives an employer could offer.
The withdrawal of the regulation guidance is due to them not being in place prior to the Biden administration’s start on January 20, 2021. When President Biden took over the office of the president, he issued a memorandum requiring all government agencies withdraw a proposed rule not yet published. So, employer wellness plans and incentive guidance will remain in limbo for the time being until further guidance is published.
The Legal Update provides additional information on withdrawal of the guidance.
Contact your Cowden representative for more information on this or other compliance issues.