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Union Calendar No. 341 

115TH CONGRESS 

1ST SESSION H. R. 1313 

[Report No. 115–459, Part I] 

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 

DECEMBER 11, 2017 

Additional sponsors: Ms. STEFANIK, Mr. MITCHELL, Mr. MESSER, and Mr. 

GARRETT

DECEMBER 11, 2017 

Reported from the Committee on Education and the Workforce with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 11, 2017 

The Committees on Energy and Commerce and Ways and Means discharged; 

committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 2, 2017] 


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A BILL 

To clarify rules relating to nondiscriminatory workplace 

wellness programs. 


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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 protecting 

9 and preserving employee workplace wellness pro10 grams, including programs that utilize a health risk 

11 assessment, biometric screening, or other resources to 

12 inform and empower employees in making healthier 

13 lifestyle choices; 

14 (2) health promotion and prevention programs 

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

16 improve health, and limit the growth of health care 

17 costs; 

18 (3) in enacting the Patient Protection and Af19 fordable Care Act (Public Law 111–148), Congress in20 tended that employers would be permitted to imple21 ment health promotion and prevention programs that 

22 provide incentives, rewards, rebates, surcharges, pen23 alties, or other inducements related to wellness pro24 grams, including rewards of up to 50 percent off of 

25 insurance premiums for employees participating in 


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1 programs designed to encourage healthier lifestyle 

2 choices; and 

3 (4) Congress has struck an appropriate balance 

4 among employees, health care providers, and wellness 

5 plan sponsors to protect individual privacy and con6 fidentiality in a wellness program which is designed 

7 to improve health outcomes. 

8 SEC. 3. NONDISCRIMINATORY WORKPLACE WELLNESS PRO9 GRAMS. 

10 (a) UNIFORMITY ACROSS FEDERAL AGENCIES.— 

11 (1) PROGRAMS OFFERED IN CONJUNCTION WITH

12 AN EMPLOYER-SPONSORED HEALTH PLAN.— 

13 (A) IN GENERAL.—Notwithstanding any 

14 other provision of law, a workplace wellness pro15 gram and any program of health promotion or 

16 disease prevention offered by an employer in 

17 conjunction with an employer-sponsored health 

18 plan that complies with section 2705(j) of the 

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

20 4(j)) (and any regulations promulgated with re21 spect to such section by the Secretary of Labor, 

22 the Secretary of Health and Human Services, or 

23 the Secretary of the Treasury) shall be considered 

24 to be in compliance with the following provisions 


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1 (to the extent such programs are subject to the 

2 Acts described in such provisions): 

3 (i) the acceptable examinations and in4 quiries set forth in section 102(d)(4)(B) of 

5 the Americans with Disabilities Act of 1990 

6 (42 U.S.C. 12112(d)(4)(B)); 

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

8 Health Service Act (42 U.S.C. 300gg–4(d)); 

9 and 

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

11 Information Nondiscrimination Act of 2008 

12 (42 U.S.C. 2000ff–1(b)(2)). 

13 (B) SAFE HARBOR.—Notwithstanding any 

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

15 Americans with Disabilities Act of 1990 (42 

16 U.S.C. 12201(c)(2)) shall apply to any work17 place wellness program or program of health 

18 promotion or disease prevention offered by an 

19 employer in conjunction with an employer-spon20 sored health plan. 

21 (2) OTHER PROGRAMS OFFERING MORE FAVOR22 ABLE TREATMENT FOR ADVERSE HEALTH FACTORS.— 

23 Notwithstanding any other provision of law, a work24 place wellness program and a program of health pro25 motion or disease prevention offered by an employer 


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1 that provides for more favorable treatment of individ2 uals with adverse health factors as described in sec3 tion 146.121(g) of title 45, Code of Federal Regula4 tions (or any successor regulations) shall be consid5 ered to be in compliance with— 

6 (A) the acceptable examinations and inquir7 ies set forth in section 102(d)(4)(B) of the Amer8 icans with Disabilities Act of 1990 (42 U.S.C. 

9 12112(d)(4)(B)); 

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

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

12 (C) section 202(b)(2) of the Genetic Infor13 mation Nondiscrimination Act of 2008 (42 

14 U.S.C. 2000ff–1(b)(2)). 

15 (3) PROGRAMS NOT OFFERED IN CONJUNCTION

16 WITH AN EMPLOYER-SPONSORED HEALTH PLAN.— 

17 (A) IN GENERAL.—Notwithstanding any 

18 other provision of law, a workplace wellness pro19 gram and any program of health promotion or 

20 disease prevention offered by an employer that 

21 are not offered in conjunction with an employer22 sponsored health plan that is not described in 

23 section 2705(j) of the Public Health Service Act 

24 (42 U.S.C. 300gg–4(j)) that meet the requirement 


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1 set forth in subparagraph (B) shall be considered 

2 to be in compliance with— 

3 (i) the acceptable examinations and in4 quiries as set forth in section 102(d)(4)(B) 

5 of the Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12112(d)(4)(B)); 

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

8 Health Service Act (42 U.S.C. 300gg–4(d)); 

9 and 

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

11 Information Nondiscrimination Act of 2008 

12 (42 U.S.C. 2000ff–1(b)(2)). 

13 (B) LIMITATION ON REWARDS.—The re14 quirement referenced in subparagraph (A) is 

15 that any reward provided or offered by a pro16 gram described in such subparagraph shall be 

17 less than or equal to the maximum reward 

18 amounts provided for by section 2705(j)(3)(A) of 

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

20 4(j)(3)(A)), and any regulations promulgated 

21 with respect to such section by the Secretary of 

22 Labor, the Secretary of Health and Human 

23 Services, or the Secretary of the Treasury. 

24 (b) COLLECTION OF INFORMATION.—Notwithstanding 

25 any other provision of law, the collection of information 


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1 about the manifested disease or disorder of a family member 

2 shall not be considered an unlawful acquisition of genetic 

3 information with respect to another family member as part 

4 of a workplace wellness program described in subsection (a) 

5 offered by an employer (or in conjunction with an em6 ployer-sponsored health plan described in section 2705(j) of 

7 the Public Health Service Act (42 U.S.C. 300gg–4(j))) and 

8 shall not violate title I or title II of the Genetic Information 

9 Nondiscrimination Act of 2008 (Public Law 110–233). For 

10 purposes of the preceding sentence, the term ‘‘family 

11 member’’has the meaning given such term in section 201 

12 of the Genetic Information Nondiscrimination Act (Public 

13 Law 110–233). 

14 (c) RULE OF CONSTRUCTION.—Nothing in subsection 

15 (a)(1)(A) shall be construed to prevent an employer that 

16 is offering a wellness program to an employee from requir17 ing such employee, within 45 days from the date the em18 ployee first has an opportunity to earn a reward, to request 

19 a reasonable alternative standard (or waiver of the other20 wise applicable standard). Nothing in subsection (a)(1)(A) 

21 shall be construed to prevent an employer from imposing 

22 a reasonable time period, based upon all the facts and cir23 cumstances, during which the employee must complete the 

24 reasonable alternative standard. Such a reasonable alter25 native standard (or waiver of the otherwise applicable 


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1 standard) is provided for in section 2705(j)(3)(D) of the 

2 Public Health Service Act (42 U.S.C. 300 gg-4(j)(3)(D)) 

3 (and any regulations promulgated with respect to such sec4 tion by the Secretary of Labor, the Secretary of Health and 

5 Human Services, or the Secretary of the Treasury). 


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Union Calendar No. 341 

115TH CONGRESS 

1ST SESSION H. R. 1313 

[Report No. 115–459, Part I] 

A BILL 

To clarify rules relating to nondiscriminatory 

workplace wellness programs. 

DECEMBER 11, 2017 

Reported from the Committee on Education and the 

Workforce with an amendment 

DECEMBER 11, 2017 

The Committees on Energy and Commerce and Ways 

dered to be printed the Whole House on the State of the Union and orand Means discharged; committed to the Committee of 


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