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Legislation Introduced to Preserve Wellness Programs

Tags:  (2015 Mar 24th - 1:00am)

Senate Health, Education, Labor, & Pensions (HELP) Committee Chairman Alexander (R-TN) and House Education and Workforce Committee Chairman Kline (R-MN-02) have introduced the Preserving Employee Wellness Programs Act (S.620/H.R. 1189). The bill clarifies that as prescribed under the Affordable Care Act (ACA), if an employer sponsored wellness program that offers rewards is in compliance with the Health Insurance Portability and Accountability Act’s (HIPPA) non-discrimination provisions then it does not violate the Americans with Disabilities Act (ADA) or the Genetic Information Nondiscrimination Act (GINA). Offering a reward for participation in a voluntary wellness program also does not constitute a penalty under the ADA or GINA. However, wellness programs with rewards that exceed the HIPPA limits are still subject to ADA enforcement. IPMA – HR sent letters  to the House Subcommittee on Workforce Protections and Senate Health, Education, Labor & Pensions Committee expressing our support for the legislation.