EEOC Publishes Sample Notice for Sponsors of Wellness Programs

Posted on June 23, 2016 by John McMorrow

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.

Click here for the model notice.

Click here for Q&As.

About John McMorrow

John has 30 years of experience counseling public- and private-sector for-profit and not-for-profit employers and their affiliated business entities, management, human resources professionals, third-party administrators and fiduciaries with respect to the laws that apply to executive compensation arrangements and workforce benefit programs and policies. He works comfortably with HR professionals, general counsel and boards of directors. In 1998, John received a National Performance Review Award from Vice President Al Gore for his assistance in developing and writing the regulations under Section 2043 of ERISA for the Pension Benefit Guaranty Corporation.

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