Amendments to Regulations Under the Americans With Disabilities Act
SUMMARY:
EFFECTIVE DATE: Comments regarding this proposal must be received by the Commission on or before
ADDRESSES: You may submit comments, identified by RIN number 3046-AB01, by any of the following methods:
* Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
* Fax: (202) 663-4114. (There is no toll free FAX number). Only comments of six or fewer pages will be accepted via FAX transmittal, in order to assure access to the equipment. Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY). (These are not toll free numbers).
* Mail:
* Hand Delivery/Courier:
Instructions: The Commission invites comments from all interested parties. All comment submissions must include the agency name and docket number or the Regulatory Information Number (RIN) for this rulemaking. Comments need be submitted in only one of the above-listed formats. All comments received will be posted without change to http://www.regulations.gov, including any personal information you provide.
Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov</a>. Copies of the received comments also will be available for review at the Commission's library,
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
FOOTNOTE 1 The citations in this proposed rule are to the 2011 regulations. In 2011, EEOC issued amended regulations to revise the definition of disability and other provisions to conform to changes to the
FOOTNOTE 2 The
FOOTNOTE 3 This proposed rule also does not address the extent to which Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008, 42 U.S.C. 2000ff, et seq., affects an employer's ability to condition incentives on a family member's participation in a wellness program. This issue will be addressed in future EEOC rulemaking. END FOOTNOTE
A wellness program may be part of a group health plan or may be offered outside of a group health plan. /4/ The references in the proposed rule regarding the requirement to provide a notice and the use of incentives, and changes to the corresponding section of the interpretive guidance, apply only to wellness programs that are part of or provided by a group health plan or by a health insurance issuer offering group health insurance in connection with a group health plan. /5/ The term "group health plan" includes both insured and self-insured group health plans and is used interchangeably with the term "health plan" throughout the preamble. All of the other proposed changes to the regulations apply to all "health programs," which include wellness programs whether or not they are offered as part of or outside of a group health plan or group health insurance coverage. The term "incentives" includes both financial and in-kind incentives, such as time-off awards, prizes, or other items of value.
FOOTNOTE 4 The term "group health plan" is defined in ERISA section 733(a). An employer may establish or maintain more than one group health plan. END FOOTNOTE
FOOTNOTE 5 This proposed rule asks for comments on whether employers offer (or are likely to offer in the future) wellness programs outside of a group health plan or group health insurance coverage that use incentives to promote participation in such programs or to encourage employees to achieve certain health outcomes and whether EEOC should issue regulations specifically limiting incentives provided as part of such programs. END FOOTNOTE
Discussion
As a means of attempting to improve employees' health and reduce health care costs, many employers that provide health coverage also offer employee health programs and activities to promote healthier lifestyles or prevent disease. /6/ Commonly referred to as workplace wellness programs, these programs may include, for example: nutrition classes, onsite exercise facilities, weight loss and smoking cessation programs, and/or coaching to help employees meet health goals. Wellness programs also may incorporate health risk assessments and biometric screenings that measure an employee's health risk factors, such as body weight and cholesterol, blood glucose, and blood pressure levels. /7/ Some employers offer incentives to encourage employees simply to participate in a wellness program, while others offer incentives based on whether employees achieve certain health outcomes. /8/ Incentives can be framed as rewards or penalties and often take the form of prizes, cash, or a reduction or increase in health care premiums or cost sharing. Of the employers who offer incentives to complete wellness programs, the majority use incentives totaling less than
FOOTNOTE 6
FOOTNOTE 7 Id. END FOOTNOTE
FOOTNOTE 8 According to the RAND Final Report, 69 percent of employers with at least 50 employees offer financial incentives to encourage employee participation, while 10 percent offer incentives tied to health outcomes. By contrast, the
FOOTNOTE 9 According to the
--This is a summary of a
Proposed rule.
CFR Part: "29 CFR Part 1630"
RIN Number: "RIN 3046-AB01"
Citation: "80 FR 21659"
Federal Register Page Number: "21659"
"Proposed Rules"
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