Preserving Employee Wellness Programs Act

To clarify rules relating to nondiscriminatory workplace wellness programs. 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 workplace wellness programs (a) Uniformity across Federal agencies (1) Programs offered in conjunction with an employer-sponsored health plan (A) In general Notwithstanding any other provision of law, a workplace wellness program and any program of health promotion or disease prevention offered by an employer in conjunction with an employer-sponsored health plan that complies with section 2705(j) of the Public Health Service Act ( 42 U.S.C. 300gg–4(j) (i) the acceptable examinations and inquiries set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112(d)(4)(B) (ii) section 2705(d) of the Public Health Service Act ( 42 U.S.C. 300gg–4(d) (iii) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1(b)(2) (B) Safe harbor Notwithstanding any other provision of law, section 501(c)(2) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12201(c)(2) (2) Other programs offering more favorable treatment for adverse health factors Notwithstanding any other provision of law, a workplace wellness program and a program of health promotion or disease prevention offered by an employer that provides for more favorable treatment of individuals with adverse health factors as described in section 146.121(g) of title 45, Code of Federal Regulations (or any successor regulations) shall be considered to be in compliance with— (A) the acceptable examinations and inquiries set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112(d)(4)(B) (B) section 2705(d) of the Public Health Service Act ( 42 U.S.C. 300gg–4(d) (C) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1(b)(2) (3) Programs not offered in conjunction with an employer-sponsored health plan (A) In general Notwithstanding any other provision of law, a workplace wellness program and any program of health promotion or disease prevention offered by an employer that are not offered in conjunction with an employer-sponsored health plan that is not described in section 2705(j) of the Public Health Service Act ( 42 U.S.C. 300gg–4(j) (i) the acceptable examinations and inquiries as set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112(d)(4)(B) (ii) section 2705(d) of the Public Health Service Act ( 42 U.S.C. 300gg–4(d) (iii) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1(b)(2) (B) Limitation on rewards The requirement referenced in subparagraph (A) is that any reward provided or offered by a program described in such subparagraph shall be less than or equal to the maximum reward amounts provided for by section 2705(j)(3)(A) of the Public Health Service Act ( 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 as part of a workplace wellness program described in subsection (a) 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 member Public Law 110–233 (c) Rule of construction Nothing in subsection (a)(1)(A) shall be construed to prevent an employer that is offering a wellness program to an employee from requiring such employee, within 45 days from the date the employee first has an opportunity to earn a reward, to request a reasonable alternative standard (or waiver of the otherwise applicable standard). Nothing in subsection (a)(1)(A) shall be construed to prevent an employer from imposing a reasonable time period, based upon all the facts and circumstances, during which the employee must complete the reasonable alternative standard. Such 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 December 11, 2017 Reported from the Committee on Education and the Workforce December 11, 2017 The Committees on Energy and Commerce Ways and Means

Summary: Preserving Employee Wellness Programs Act (Sec. 3) This bill exempts workplace wellness programs from: (1) limitations under the Americans with Disabilities Act of 1990 on medical examinations and inquiries of employees, (2) the prohibition on collecting genetic information in connection with issuing health insurance, and (3) limitations under the Genetic Information Nondiscrimination Act of 2008 on collecting the genetic information of employees or family members of employees. This exemption applies to workplace wellness programs that comply with limits on rewards for employees participating in the program. Workplace wellness programs may provide for more favorable treatment of individuals with adverse health factors, such as a disability. Collection of information about a disease or disorder of a family member as part of a workplace wellness program is not an unlawful acquisition of genetic information about another family member.