A Sample Notice for Employer-Sponsored Wellness Programs, along with a questions and answers guidance of the sample notice, was released by the U.S. Equal Employment Opportunity Commission (EEOC) on June 16, 2016.  This sample notice is intended to help employers who offer wellness programs comply with the Americans with Disabilities Act (ADA).

 

Employers are not required to use the exact language in the sample notice, but must ensure that it complies with the EEOC's final rules, published on May 17, 2016, that require employers who offer wellness programs that collect employee health information, to provide a notice to employees informing them what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential.

 

The wellness notice requirement is effective on the first day of the plan year that begins on or after January 1, 2017 for the health plan an employer uses to calculate any incentives it offers as part of the wellness program.  Employees must receive this notice before providing any health information, and with enough time to decide whether to participate in the wellness program.