New ADA Wellness Program Notice Requirement Effective January 1

Employers subject to the Americans with Disabilities Act (ADA)–generally those with 15 or more employees–that offer a wellness program that collects employee health informationmust provide a new notice to employees as of the first day of the plan year that begins on or after January 1, 2017.

New Notice Requirement

A recent final rule requires employers offering wellness programs that collect employee health information to provide a notice to employees informing them of what information will be collected, how it will be used, who will receive it, and what will be done to keep the information confidential. The requirement to provide the notice takes effect as of the first day of the plan year that begins on or after January 1, 2017for the health plan an employer uses to calculate any incentives it offers as part of the wellness program. The rule does not require that employees get the notice at a particular time–once the notice requirement becomes effective, employees must receive the notice before providing any health information, and with enough time to decide whether to participate in the program.

Click here for a sample notice from the Equal Employment Opportunity Commission (EEOC). To help employers comply with the new notice requirement, the EEOC has also released a set of Q&As.

To learn more about the ADA, please visit our Disability Discrimination section.