CBIZ Response to Rockwood SD RFPHRBE0816

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June 22, 2016
SPECIAL SUPPLEMENT :
EEOC RELEASES SAMPLE NOTICE FOR WELLNESS PROGRAMS
As promised in the wellness program regulations issued by the Equal Employment Opportunity
Commission (EEOC), the EEOC released a together with a set of
specific to the notice requirement. For a summary of these regulations,
please refer to the May 25, 2016 edition of the At Issue.
As background, the EEOC (ADA) clarify how and when
incentives can be used to encourage participation in wellness programs that require individuals to
respond to health-related inquiries and/or undergo medical examinations. The EEO
(GINA) clarify how and when a spouse’s medical
information can be used in employer-sponsored wellness programs.
In accordance with the ADA rules, employers sponsoring wellness programs are required to provide
written notification to employees that describes the type of medical information that will be collected,
the specific purposes for which the medical information will be used, who receives the information
and the manner in which the information will be kept confidential.
While the EEOC’s sample language can be used verbatim, it does contain blanks that must be filled
in, based on the specific wellness program. The EEOC recommends employers to tailor the sample
language to the employer’s particular program. A separate notice need not be provided if all of the
information contained in the EEOC notice is included in an existing wellness program notice.
The notice can be provided to employees in hard copy or electronically as long as it is clearly
identified in the communication. A plan sponsor can contract with a wellness vendor to provide the
notice; however, the plan sponsor remains ultimately responsible to ensure that it is done. While
employees receiving the notice are not required to acknowledge receipt of the notice, if an incentive
is to be provided for spousal participation in the wellness program, the GINA rules require prior,
knowing and voluntary written authorization from the spouse.
The employee notification requirement becomes applicable for plan years beginning on or after
January 1, 2017. Employees must receive the notice prior to the collection of any health information
in order to determine whether to participate in the wellness program.
The information contained in this At Issue is not intended to be legal, accounting, or other professional advice, nor are these comments
directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation.
This information is not intended to replace or substitute for accounting or other professional advice. You must consult with your own
attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall
not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in
laws or other factors that could affect the information contained herein.