The Equal Employment Opportunity Commission (EEOC) published a sample notice and related Q&As for use by sponsors of wellness programs that must comply with the new Americans with Disabilities Act (ADA) regulations (issued on May 17, 2016).
Employer-sponsored wellness programs that collect employee health information must 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 Q&As explain who must provide the notice, what formats are acceptable, and when employees must receive the notice.
Employers can craft their own version of the notice to use in lieu of the EEOC sample, as long as the notice contains all of the required content. The ADA notice requirement takes effect for the plan year starting in 2017.