The Equal Employment Opportunity Commission (EEOC) has released a proposed rule on how Title 1 of the Americans with Disabilities Act (ADA) applies to employer wellness programs that are integrated with group healthcare plans. The EEOC worked with the Departments of Labor, Health and Human Services and Treasury in developing the Notice of Proposed Rulemaking (NPRM) “to harmonize the ADA's requirement that medical inquiries and exams that are part of an employee health program must be voluntary” with the Health Insurance Portability and Accountability Act “goal of allowing incentives to encourage participation in wellness programs," said EEOC Chair Jenny Yang. The NPRM will include guidance on providing employees with notice about what data will be collected and how it will be shared, used and protected.
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