I 

115TH CONGRESS 

1ST SESSION H. R. 1313 

To clarify rules relating to nondiscriminatory workplace wellness programs. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2017 

Ms. FOXX (for herself and Mr. WALBERG) introduced the following bill; which 

was referred to the Committee on Education and the Workforce, and in 

addition to the Committees on Energy and Commerce, and Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To clarify rules relating to nondiscriminatory workplace 

wellness programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preserving Employee 

5 Wellness Programs Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) Congress has a strong tradition of pro9 tecting and preserving employee workplace wellness 


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1 programs, including programs that utilize a health 

2 risk assessment, biometric screening, or other re3 sources to inform and empower employees in making 

4 healthier lifestyle choices; 

5 (2) health promotion and prevention programs 

6 are a means to reduce the burden of chronic illness, 

7 improve health, and limit the growth of health care 

8 costs; 

9 (3) in enacting the Patient Protection and Af10 fordable Care Act (Public Law 111–148), Congress 

11 intended that employers would be permitted to im12 plement health promotion and prevention programs 

13 that provide incentives, rewards, rebates, surcharges, 

14 penalties, or other inducements related to wellness 

15 programs, including rewards of up to 50 percent off 

16 of insurance premiums for employees participating 

17 in programs designed to encourage healthier lifestyle 

18 choices; and 

19 (4) Congress has struck an appropriate balance 

20 among employees, health care providers, and 

21 wellness plan sponsors to protect individual privacy 

22 and confidentiality in a wellness program which is 

23 designed to improve health outcomes. 


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1 SEC. 3. NONDISCRIMINATORY WORKPLACE WELLNESS 

2 PROGRAMS. 

3 (a) UNIFORMITY ACROSS FEDERAL AGENCIES.— 

4 (1) PROGRAMS OFFERED IN CONJUNCTION

5 WITH AN EMPLOYER-SPONSORED HEALTH PLAN.— 

6 (A) IN GENERAL.—Notwithstanding any 

7 other provision of law, workplace wellness pro8 grams and programs of health promotion or 

9 disease prevention offered by an employer in 

10 conjunction with an employer-sponsored health 

11 plan that meet the requirements set forth in 

12 subparagraph (B) shall be considered to be in 

13 compliance with— 

14 (i) the acceptable examinations and 

15 inquiries set forth in section 102(d)(4)(B) 

16 of the Americans with Disabilities Act of 

17 1990 (42 U.S.C. 12112(d)(4)(B)); 

18 (ii) section 2705(d) of the Public 

19 Health Service Act (42 U.S.C. 300gg– 

20 4(d)); and 

21 (iii) section 202(b)(2) of the Genetic 

22 Information Nondiscrimination Act of 

23 2008 (42 U.S.C. 2000ff–1(b)(2)). 

24 (B) PROGRAM REQUIREMENTS.—The re25 quirements referenced in subparagraph (A) are 

26 that— 


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1 (i) the programs described in such 

2 subparagraph comply with section 2705(j) 

3 of the Public Health Service Act (42 

4 U.S.C. 300gg–4(j)); 

5 (ii) any reward provided or offered by 

6 a program described in such subparagraph 

7 shall be less than or equal to the maximum 

8 reward amounts provided for by section 

9 2705(j)(3)(A) of the Public Health Service 

10 Act (42 U.S.C. 300gg–4(j)(3)(A)), regard11 less of whether such programs are other12 wise subject to such limitations; and 

13 (iii) the programs described in such 

14 subparagraph comply with any regulations 

15 promulgated with respect to section 

16 2705(j) of such Act by the Secretary of 

17 Labor, the Secretary of Health and 

18 Human Services, or the Secretary of the 

19 Treasury. 

20 (C) SAFE HARBOR.—Notwithstanding any 

21 other provision of law, section 501(c)(2) of the 

22 Americans with Disabilities Act of 1990 (42 

23 U.S.C. 12201(c)(2)) shall apply to workplace 

24 wellness programs or programs of health pro25 motion or disease prevention offered by an emVerDate Sep 11 2014 20:44 Mar 03, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1313.IH H1313

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1 ployer in conjunction with an employer-spon2 sored health plan. 

3 (2) OTHER PROGRAMS OFFERING MORE FAVOR4 ABLE TREATMENT FOR ADVERSE HEALTH FAC5 TORS.—Notwithstanding any other provision of law, 

6 workplace wellness programs and programs of health 

7 promotion or disease prevention offered by an em8 ployer that provide for more favorable treatment of 

9 individuals with adverse health factors as described 

10 in 45 CFR 146.121(g) (or any successor regula11 tions) shall be considered to be in compliance with— 

12 (A) the acceptable examinations and in13 quiries set forth in section 102(d)(4)(B) of the 

14 Americans with Disabilities Act of 1990 (42 

15 U.S.C. 12112(d)(4)(B)); 

16 (B) section 2705(d) of the Public Health 

17 Service Act (42 U.S.C. 300gg–4(d)); and 

18 (C) section 202(b)(2) of the Genetic Infor19 mation Nondiscrimination Act of 2008 (42 

20 U.S.C. 2000ff–1(b)(2)). 

21 (3) PROGRAMS NOT OFFERED IN CONJUNCTION

22 WITH AN EMPLOYER-SPONSORED HEALTH PLAN.— 

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of law, workplace wellness pro25 grams and programs of health promotion or 


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1 disease prevention offered by an employer that 

2 are not offered in conjunction with an em3 ployer-sponsored health plan that are not de4 scribed in section 2705(j) of the Public Health 

5 Service Act (42 U.S.C. 300gg–4(j)) that meet 

6 the requirement set forth in subparagraph (B) 

7 shall be considered to be in compliance with— 

8 (i) the acceptable examinations and 

9 inquiries as set forth in section 

10 102(d)(4)(B) of the Americans with Dis11 abilities Act of 1990 (42 U.S.C. 

12 12112(d)(4)(B)); 

13 (ii) section 2705(d) of the Public 

14 Health Service Act (42 U.S.C. 300gg– 

15 4(d)); and 

16 (iii) section 202(b)(2) of the Genetic 

17 Information Nondiscrimination Act of 

18 2008 (42 U.S.C. 2000ff–1(b)(2)). 

19 (B) LIMITATION ON REWARDS.—The re20 quirement referenced in subparagraph (A) is 

21 that any reward provided or offered by a pro22 gram described in such subparagraph shall be 

23 less than or equal to the maximum reward 

24 amounts provided for by section 2705(j)(3)(A) 

25 of the Public Health Service Act (42 U.S.C. 


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1 300gg–4(j)(3)(A)), and any regulations promul2 gated with respect to such section by the Sec3 retary of Labor, the Secretary of Health and 

4 Human Services, or the Secretary of the Treas5 ury. 

6 (b) COLLECTION OF INFORMATION.—Notwith7 standing any other provision of law, the collection of infor8 mation about the manifested disease or disorder of a fam9 ily member shall not be considered an unlawful acquisition 

10 of genetic information with respect to another family 

11 member as part of a workplace wellness program described 

12 in paragraph (1) or (2) offered by an employer (or in con13 junction with an employer-sponsored health plan described 

14 in section 2705(j) of the Public Health Service Act (42 

15 U.S.C. 300gg–4(j))) and shall not violate title I or title 

16 II of the Genetic Information Nondiscrimination Act of 

17 2008 (Public Law 110–233). For purposes of the pre18 ceding sentence, the term ‘‘family member’’ has the mean19 ing given such term in section 201 of the Genetic Informa20 tion Nondiscrimination Act (Public Law 110–233). 

21 (c) RULE OF CONSTRUCTION.—Nothing in sub22 section (a)(1)(A) shall be construed to prevent an em23 ployer that is offering a wellness program to an employee 

24 from requiring such employee, within 45 days from the 

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1 ward, to request a reasonable alternative standard (or 

2 waiver of the otherwise applicable standard). Nothing in 

3 subsection (a)(1)(A) shall be construed to prevent an em4 ployer from imposing a reasonable time period, based upon 

5 all the facts and circumstances, during which the employee 

6 must complete the reasonable alternative standard. Such 

7 a reasonable alternative standard (or waiver of the other8 wise applicable standard) is provided for in section 

9 2705(j)(3)(D) of the Public Health Service Act (42 U.S.C. 

10 300 gg–4(j)(3)(D)) (and any regulations promulgated 

11 with respect to such section by the Secretary of Labor, 

12 the Secretary of Health and Human Services, or the Sec13 retary of the Treasury). 

Æ 


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