For employer sponsored wellness programs, the Equal Employment Opportunity Commission (EEOC) has posted a sample notice to help companies comply with their obligations under a recently issued Americans with Disabilities Act (ADA) rule.
The rule advises that wellness programs inquiring about employee medical conditions or requiring medical examinations (such as tests for diabetes or high cholesterol) require that the programs be:
- Designed to promote health and prevent disease
- Voluntary
- Formatted to keep employee medical information confidential
The requirement to provide the notice to employees takes effect on or after January 1, 2017, depending on the first day of the plan year.
While the employer may leave notice distribution up to its wellness program provider, the employer is ultimately responsible for ensuring employees receive it. The rule does not specify a timeframe in which employees are required to get the notice (e.g., 15 days before a health screening) but it must be prior to employees providing any form of health information.
The EEOC cautions employers providing an excess amount of other unrelated information with the notice to prevent employees ignoring or missing it. Employers can compare the new sample notice with current notices provided by the wellness program to confirm if a new notice is necessary.
For more information on how to use the sample notice, click here.
For information on the ADA rule, click here.
For questions or to arrange for wellness consulting services, contact your Bukaty benefits consultant at 913.345.0440.
