• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • File a Report
  • Check Report
  • Client Login

Red Flag Reporting

Protecting Organizations & Their People

  • Home
  • About RFR
    • Our Team and Expertise
    • Who Do We Help?
    • Published Articles
  • Services
    • Hotline Service
    • Compliance Services
  • Benefits
    • Protect Employees
    • Protect Your Reputation
    • Protect Your Bottom Line
    • Manage Cases with Ease
  • Blog
  • Get Started
    • FAQ
    • Request a Demo or Quote
  • Contact Us

February 16, 2021

Proposed EEOC Rule to Define Permitted Wellness Program Incentives

Share on LinkedIn Share
Share on Facebook Share
Share on TwitterTweet

On January 7, 2021 the EEOC issued a proposed rule to define permissible wellness program incentives that employers may offer to participating employees. Attorneys, Carl C. Lammers and Edward I Riven provide a detailed breakdown of this new rule in the article “EEOC Issues Proposed Rule on Permitted Wellness Program Incentives,” which can be found here. The following summarizes current wellness program and incentive criteria and that which will be established if the rule is finalized.

The Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Health Insurance Portability and Accountability Act (HIPAA) collectively protect the privacy of one’s health records and disability status and forbids employee discrimination based on such information. These acts define if and how employee wellness programs may collect health information and provide incentives to participants. In general, employers are prohibited from asking about an employee’s health records or genetic information, but there are some exceptions for certain wellness programs. Importantly, employee wellness programs that inquire about protected information or conduct medical screening must be completely voluntary. Employees may not be coerced into or retaliated against for refusal to participate.

To prevent employees form being coerced into unwilful participation, the ADA and GINA limit the type and value of incentives that may be rewarded to participants in both participatory and health-contingent wellness programs. That said, the EEOC’s proposed rule provides a legal provision under the ADA, allowing for more valuable incentives as long as programs meet specific requirements. These programs must qualify as health-contingent wellness programs under HIPAA regulations, be a part of or qualify as group health plans, and must meet HIPAA and Affordable Care Act standards. If a program meets these requirements, it may offer incentives up to 30% of the cost of coverage of participating employees and dependents or 50% if the program is focused on tobacco use cessation. The EEOC’s proposed rule does not provide a legal provision under GINA nor for participatory wellness programs, but it does allow such programs to provide “de minimis” incentives such as inexpensive items or monetary prizes of “modest value.” The proposed rule is currently undergoing a 60-day public comment period and is not yet finalized.

Share on LinkedIn Share
Share on Facebook Share
Share on TwitterTweet

Filed Under: Uncategorized

We are Red Flag Reporting

We offer ethics, safety and fraud hotline / case management solutions to our clients via the web, over the phone and through other methods. Trusted by organizations large and small in 50 countries, we can help you!

We are an Ethics Hotline Service Provider
Find Out More  Get a Quote

Primary Sidebar

Hotline and Web Portal

We are an Ethics Hotline Service Provider

Get a Quote

We offer ethics, safety and fraud hotline / case management solutions to our clients via the web, over the phone and through other methods. Trusted by organizations large and small in 50 countries, we can help you!

Red Flag Reporting is Hiring!

About Red Flag Reporting Founded in 2010, …

[Read Article...] about Red Flag Reporting is Hiring!

Best Practices for Preventing a Workplace Retaliation Claim

Retaliation is the most frequent type of claim …

[Read Article...] about Best Practices for Preventing a Workplace Retaliation Claim

Internal Whistleblowers Face Few Protections: Why This Matters

The decision to become a whistleblower is never …

[Read Article...] about Internal Whistleblowers Face Few Protections: Why This Matters

Footer

Follow Along

  • Facebook
  • LinkedIn
  • Twitter

Red Flag Reporting

Red Flag Reporting provides compliance and ethics hotline services and case management software solutions to organizations seeking to promote safe and ethical behavior.

Reach Us

Red Flag Reporting
P.O. Box 4230, Akron, Ohio 44321
Contact Us

(Sales Office only – not a reporting line)
Tel: 877-676-6551
Fax: 330-572-8146

NOTE: Red Flag Reporting services are available for purchase by organizations only. We do not sell or provide our services to individual people.

  

 

Copyright © 2023 Red Flag Reporting all rights reserved. All other trademarks and copyrights are the property of their respective holders.

  • Red Flag Reporting – Ethics, Fraud and Whistleblower Hotline Service
  • Contact Us
  • Privacy Policy