IB 
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 jurisdic-
tion 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Employee 
Wellness Programs Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) Congress has a strong tradition of protecting 
and preserving employee workplace wellness pro-
grams, 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 Af-
fordable Care Act (Public Law 111–148), Congress in-
tended that employers would be permitted to imple-
ment health promotion and prevention programs that 
provide incentives, rewards, rebates, surcharges, pen-
alties, or other inducements related to wellness pro-
grams, including rewards of up to 50 percent off of 
insurance premiums for employees participating in 
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programs designed to encourage healthier lifestyle 
choices; and 
(4) Congress has struck an appropriate balance 
among employees, health care providers, and wellness 
plan sponsors to protect individual privacy and con-
fidentiality in a wellness program which is designed 
to improve health outcomes. 
SEC. 3. NONDISCRIMINATORY WORKPLACE WELLNESS PRO-
GRAMS. 
(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 pro-
gram 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)) (and any regulations promulgated with re-
spect to such section by the Secretary of Labor, 
the Secretary of Health and Human Services, or 
the Secretary of the Treasury) shall be considered 
to be in compliance with the following provisions 
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(to the extent such programs are subject to the 
Acts described in such provisions): 
(i) the acceptable examinations and in-
quiries 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)); 
and 
(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)) shall apply to any work-
place wellness program or program of health 
promotion or disease prevention offered by an 
employer in conjunction with an employer-spon-
sored health plan. 
(2) OTHER PROGRAMS OFFERING MORE FAVOR-
ABLE TREATMENT FOR ADVERSE HEALTH FACTORS.— 
Notwithstanding any other provision of law, a work-
place wellness program and a program of health pro-
motion or disease prevention offered by an employer 
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that provides for more favorable treatment of individ-
uals with adverse health factors as described in sec-
tion 146.121(g) of title 45, Code of Federal Regula-
tions (or any successor regulations) shall be consid-
ered to be in compliance with— 
(A) the acceptable examinations and inquir-
ies set forth in section 102(d)(4)(B) of the Amer-
icans 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)); and 
(C) section 202(b)(2) of the Genetic Infor-
mation 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 pro-
gram 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)) that meet the requirement 
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set forth in subparagraph (B) shall be considered 
to be in compliance with— 
(i) the acceptable examinations and in-
quiries 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)); 
and 
(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 re-
quirement referenced in subparagraph (A) is 
that any reward provided or offered by a pro-
gram 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)), and any regulations promulgated 
with respect to such section by the Secretary of 
Labor, the Secretary of Health and Human 
Services, or the Secretary of the Treasury. 
(b) COLLECTION OF INFORMATION.—Notwithstanding 
any other provision of law, the collection of information 
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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 em-
ployer-sponsored health plan described in section 2705(j) of 
the Public Health Service Act (42 U.S.C. 300gg–4(j))) and 
shall not violate title I or title II of the Genetic Information 
Nondiscrimination Act of 2008 (Public Law 110–233). For 
purposes of the preceding sentence, the term ‘‘family 
member’’has the meaning given such term in section 201 
of the Genetic Information Nondiscrimination Act (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 requir-
ing such employee, within 45 days from the date the em-
ployee first has an opportunity to earn a reward, to request 
a reasonable alternative standard (or waiver of the other-
wise 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 cir-
cumstances, during which the employee must complete the 
reasonable alternative standard. Such a reasonable alter-
native standard (or waiver of the otherwise applicable 
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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)) 
(and any regulations promulgated with respect to such sec-
tion by the Secretary of Labor, the Secretary of Health and 
Human Services, or the Secretary of the Treasury). 
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