In response to the EEOC’s proposed regulations concerning employer wellness programs, IPMA-HR has submitted comments to the Commission. The proposed regulations seek to clarify the interaction between employer wellness programs under the Affordable Care Act (ACA) and the Americans with Disabilities Act (ADA). The regulations are in response to concerns that employer wellness programs designed in accordance with the ACA were running afoul of the ADA.
IPMA-HR’s comments focus on the confusion and administrative burden caused by the EEOC’s failure to adopt many of the same regulatory standards currently in place. Currently, the Departments of Labor, Treasury, and Health and Human Services have in place regulations which govern employer wellness programs. Many of the standards the EEOC chose to adopt are narrower than those currently in place and will require employers to re-examine their wellness programs. IPMA-HR urges the EEOC to try to adopt standards more in line with existing regulations and upon final regulation allow employers plenty of time to alter their wellness programs.
IPMA-HR also questions why the EEOC failed to simultaneously adopt regulations concerning the interaction between employer wellness programs and the Genetic Information Non-discrimination Act (GINA). Delayed rulemaking under GINA, may lead to some employers having to alter their wellness programs twice in order to remain compliant.