Effective January 1, 2017, employers who sponsor an employee wellness program must comply with a new notice requirement. The notice must inform employees what information will be collected under the wellness program, how it will be used, who will receive it, and how it will be kept confidential. The notice can be provided electronically, and may also be incorporated into notice materials that an employer already uses to comply with the health-contingent wellness program requirements under the Health Insurance Portability and Accountability Act (HIPAA).
The notice obligation is part of the Americans with Disability Act (ADA) Final Rule that was issued on May 17, 2016, by the U.S. Equal Employment Opportunity Commission (EEOC) and is relevant for all employers that either currently offer or are considering offering these types of programs in the future.
Do you need the new notice for your wellness program?
Contact Cathrine A. Hunter,Esq. at Woodward, Pires & Lombardo, P.A., 239.649.6555 or CHunter@wpl-legal.com.