II 

114TH CONGRESS 

1ST SESSION S. 620 

To clarify rules relating to nondiscriminatory employer wellness programs 

as such programs relate to premium discounts, rebates, or modifications 

to otherwise applicable cost sharing under group health plans. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2015 

Mr. ALEXANDER (for himself, Mr. ISAKSON, Mr. HATCH, Mr. SCOTT, Mr. 

ROBERTS, and Mr. ENZI) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To clarify rules relating to nondiscriminatory employer 

wellness programs as such programs relate to premium 

discounts, rebates, or modifications to otherwise applicable cost sharing under group health plans. 

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— 


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1 (1) Congress has a strong tradition of pro2 tecting and preserving employee workplace wellness 

3 programs, including programs that utilize a health 

4 risk assessment, biometric screening, or other re5 sources to inform and empower employees in making 

6 healthier lifestyle choices; 

7 (2) health promotion and prevention programs 

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

9 improve health, and limit the growth of health care 

10 costs; 

11 (3) in enacting the Patient Protection and Af12 fordable Care Act (Public Law 111–148), Congress 

13 intended that employers would be permitted to im14 plement health promotion and prevention programs 

15 that provide incentives, rewards, rebates, surcharges, 

16 penalties, or other inducements related to wellness 

17 programs, including rewards of up to 50 percent off 

18 of insurance premiums for employees participating 

19 in programs designed to encourage healthier lifestyle 

20 choices; and 

21 (4) Congress has struck an appropriate balance 

22 among employees, health care providers, and 

23 wellness plan sponsors to protect individual privacy 

24 and confidentiality in a wellness program which is 

25 designed to improve health outcomes. 


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1 SEC. 3. NONDISCRIMINATORY EMPLOYEE WELLNESS PRO2 GRAMS. 

3 (a) OFFERING OF PROGRAM REWARDS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, workplace wellness programs, or 

6 programs of health promotion or disease prevention 

7 offered by an employer or in conjunction with an 

8 employer-sponsored health plan, described in section 

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

10 300gg–4(j)), shall not violate the Americans with 

11 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 

12 or title I or II of the Genetic Information Non13 discrimination Act of 2008 (Public Law 110–233) 

14 because such program provides any amount or type 

15 of reward (as provided for in section 2705(j)(3)(A) 

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

17 4(j)(3)(A))) to program participants if such program 

18 complies with such section 2705(j) (or any regula19 tions promulgated with respect to such section by 

20 the Secretary of Labor, the Secretary of Health and 

21 Human Services, and the Secretary of the Treas22 ury). 

23 (2) APPLICATION OF SUBSECTION.—With re24 spect to workplace wellness programs, or programs 

25 of health promotion or disease prevention offered by 

26 an employer or in conjunction with an employerVerDate Sep 11 2014 04:04 Mar 10, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S620.IS S620

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1 sponsored health plan, described in section 

2 2705(j)(1)(B) or section 2705(j)(2) of the Public 

3 Health Service Act (42 U.S.C. 300gg–4(j)(1)(B) or 

4 (j)(2)), this subsection shall apply if the reward with 

5 respect to such programs is less than or equal to the 

6 maximum reward amounts provided for by section 

7 2705(j)(3)(A) of such Act (42 U.S.C. 300gg– 

8 4(j)(3)(A)) (or any regulations promulgated with re9 spect to such section by the Secretary of Labor, the 

10 Secretary of Health and Human Services, and the 

11 Secretary of the Treasury). 

12 (b) COLLECTION OF INFORMATION.—Notwith13 standing any other provision of law, the collection of infor14 mation about the manifested disease or disorder of a fam15 ily member shall not be considered an unlawful acquisition 

16 of genetic information with respect to another family 

17 member participating in workplace wellness programs, or 

18 programs of health promotion or disease prevention of19 fered by an employer or in conjunction with an employer20 sponsored health plan, described in section 2705(j) of the 

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

22 shall not violate title I or title II of the Genetic Informa23 tion Nondiscrimination Act of 2008 (Public Law 110– 

24 233). For purposes of the preceding sentence, the terms 

25 ‘‘family members’’ and ‘‘manifestation’’ shall have the 


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1 meanings given such terms for purposes of title I or II 

2 of the Genetic Information Nondiscrimination Act (Public 

3 Law 110–233), or the amendments made by such titles, 

4 as appropriate. 

5 (c) RULES OF CONSTRUCTION.— 

6 (1) RELATING TO THE ADA.—Nothing in this 

7 Act shall be construed to limit or otherwise restrict 

8 the application of section 501(c)(2) of the Americans 

9 with Disabilities Act of 1990 (42 U.S.C. 

10 12201(c)(2)) to any programs or arrangements de11 scribed in this Act. 

12 (2) RELATING TO EMPLOYER DEADLINES.— 

13 Nothing in the regulations referred to in subsection 

14 (a) shall be construed to prevent an employer that 

15 is offering a wellness program to an employee from 

16 establishing a deadline of up to 180 days for em17 ployees to request and complete a reasonable alter18 native standard (or waiver of the otherwise applica19 ble standard). A reasonable alternative standard (or 

20 waiver of the otherwise applicable standard) is pro21 vided for in section 2705(j)(3)(D) of the Public 

22 Health Service Act (42 U.S.C. 300 gg–4(j)(3)(D)) 

23 (or any regulations promulgated with respect to such 

24 section by the Secretary of Labor, the Secretary of 


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1 Health and Human Services, and the Secretary of 

2 the Treasury). 

3 SEC. 4. EFFECTIVE DATE. 

4 This Act shall take effect as if enacted on March 23, 

5 2010, and shall apply to the Americans with Disabilities 

6 Act of 1990 (42 U.S.C. 12101 et seq.) and the Genetic 

7 Information Nondiscrimination Act of 2008 (Public Law 

8 110–233), including the amendments made by such Acts. 

Æ 


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