Preserving Employee Wellness Programs Act

Summary: Preserving Employee Wellness Programs Act This bill declares that a workplace wellness program, by offering a reward to participants, does not violate the Americans with Disabilities Act of 1990 or title I or II of the Genetic Information Nondiscrimination Act of 2008 if the program complies with Public Health Service Act requirements. Collection of information about a family member's manifested disease or disorder is not considered an unlawful acquisition of genetic information with respect to another family member participating in a workplace wellness program. This bill takes effect as if enacted on March 23, 2010.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Employee Wellness 
Programs Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Congress has a strong tradition of protecting and 
        preserving employee workplace wellness programs, including 
        programs that utilize a health risk assessment, biometric 
        screening, or other resources to inform and empower employees 
        in making healthier lifestyle choices;
            (2) health promotion and prevention programs are a means to 
        reduce the burden of chronic illness, improve health, and limit 
        the growth of health care costs;
            (3) in enacting the Patient Protection and Affordable Care 
        Act (Public Law 111-148), Congress intended that employers 
        would be permitted to implement health promotion and prevention 
        programs that provide incentives, rewards, rebates, surcharges, 
        penalties, or other inducements related to wellness programs, 
        including rewards of up to 50 percent off of insurance premiums 
        for employees participating in programs designed to encourage 
        healthier lifestyle choices; and
            (4) Congress has struck an appropriate balance among 
        employees, health care providers, and wellness plan sponsors to 
        protect individual privacy and confidentiality in a wellness 
        program which is designed to improve health outcomes.

SEC. 3. NONDISCRIMINATORY EMPLOYEE WELLNESS PROGRAMS.

    (a) Offering of Program Rewards.--
            (1) In general.--Notwithstanding any other provision of 
        law, workplace wellness programs, or programs of health 
        promotion or disease prevention offered by an employer or in 
        conjunction with an employer-sponsored health plan, described 
        in section 2705(j) of the Public Health Service Act (42 U.S.C. 
        300gg-4(j)), shall not violate the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.) or title I or II of the 
        Genetic Information Nondiscrimination Act of 2008 (Public Law 
        110-233) because such program provides any amount or type of 
        reward (as provided for in section 2705(j)(3)(A) of the Public 
        Health Service Act (42 U.S.C. 300 gg-4(j)(3)(A))) to program 
        participants if such program complies with such section 2705(j) 
        (or any regulations promulgated with respect to such section by 
        the Secretary of Labor, the Secretary of Health and Human 
        Services, and the Secretary of the Treasury).
            (2) Application of subsection.--With respect to workplace 
        wellness programs, or programs of health promotion or disease 
        prevention offered by an employer or in conjunction with an 
        employer-sponsored health plan, described in section 
        2705(j)(1)(B) or section 2705(j)(2) of the Public Health 
        Service Act (42 U.S.C. 300gg-4(j)(1)(B) or (j)(2)), this 
        subsection shall apply if the reward with respect to such 
        programs is less than or equal to the maximum reward amounts 
        provided for by section 2705(j)(3)(A) of such Act (42 U.S.C. 
        300gg-4(j)(3)(A)) (or any regulations promulgated with respect 
        to such section by the Secretary of Labor, the Secretary of 
        Health and Human Services, and the Secretary of the Treasury).
    (b) Collection of Information.--Notwithstanding any other provision 
of law, the collection of information about the manifested disease or 
disorder of a family member shall not be considered an unlawful 
acquisition of genetic information with respect to another family 
member participating in workplace wellness programs, or programs of 
health promotion or disease prevention offered by an employer or in 
conjunction with an employer-sponsored health plan, described in 
section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg-
4(j)), and shall not violate title I or title II of the Genetic 
Information Nondiscrimination Act of 2008 (Public Law 110-233). For 
purposes of the preceding sentence, the terms ``family members'' and 
``manifestation'' shall have the meanings given such terms for purposes 
of title I or II of the Genetic Information Nondiscrimination Act 
(Public Law 110-233), or the amendments made by such titles, as 
appropriate.
    (c) Rules of Construction.--
            (1) Relating to the ada.--Nothing in this Act shall be 
        construed to limit or otherwise restrict the application of 
        section 501(c)(2) of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12201(c)(2)) to any programs or arrangements 
        described in this Act.
            (2) Relating to employer deadlines.--Nothing in the 
        regulations referred to in subsection (a) shall be construed to 
        prevent an employer that is offering a wellness program to an 
        employee from establishing a deadline of up to 180 days for 
        employees to request and complete a reasonable alternative 
        standard (or waiver of the otherwise applicable standard). A 
        reasonable alternative standard (or waiver of the otherwise 
        applicable standard) is provided for in section 2705(j)(3)(D) 
        of the Public Health Service Act (42 U.S.C. 300 gg-4(j)(3)(D)) 
        (or any regulations promulgated with respect to such section by 
        the Secretary of Labor, the Secretary of Health and Human 
        Services, and the Secretary of the Treasury).

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect as if enacted on March 23, 2010, and 
shall apply to the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.) and the Genetic Information Nondiscrimination Act of 
2008 (Public Law 110-233), including the amendments made by such Acts.