Preserving Employee Wellness Programs Act

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. Short title This Act may be cited as the Preserving Employee Wellness Programs Act 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 (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. 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) 42 U.S.C. 12101 et seq. Public Law 110–233 (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) 42 U.S.C. 300gg–4(j)(3)(A) (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) Public Law 110–233 family members manifestation Public Law 110–233 (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) (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). 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. Public Law 110–233

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.