I 
114TH CONGRESS 
1ST SESSION H. R. 1189 
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 HOUSE OF REPRESENTATIVES 
MARCH 2, 2015 
Mr. KLINE (for himself, Mr. ROE of Tennessee, and Mr. WALBERG) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committees on Energy 
and Commerce and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To clarify rules relating to nondiscriminatory employer 
wellness programs as such programs relate to premium 
discounts, rebates, or modifications to otherwise applica-
ble cost sharing under group health plans. 
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’’. 
VerDate Sep 11 2014 
20:55 Mar 10, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1189.IH
H1189
asabaliauskas on DSK5VPTVN1PROD with BILLS
SEC. 2. FINDINGS. 
Congress finds that— 
(1) Congress has a strong tradition of pro-
tecting and preserving employee workplace wellness 
programs, including programs that utilize a health 
risk assessment, biometric screening, or other re-
sources 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 
intended that employers would be permitted to im-
plement health promotion and prevention programs 
that provide incentives, rewards, rebates, surcharges, 
penalties, or other inducements related to wellness 
programs, including rewards of up to 50 percent off 
of insurance premiums for employees participating 
in 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 
VerDate Sep 11 2014 
20:55 Mar 10, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1189.IH
H1189
asabaliauskas on DSK5VPTVN1PROD with BILLS
and confidentiality in a wellness program which is 
designed to improve health outcomes. 
SEC. 3. NONDISCRIMINATORY EMPLOYEE WELLNESS PRO-
GRAMS. 
(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)), shall not violate the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 
or title I or II of the Genetic Information Non-
discrimination Act of 2008 (Public Law 110–233) 
because such program provides any amount or type 
of reward (as provided for in section 2705(j)(3)(A) 
of the Public Health Service Act (42 U.S.C. 300 gg– 
4(j)(3)(A))) to program participants if such program 
complies with such section 2705(j) (or any regula-
tions promulgated with respect to such section by 
the Secretary of Labor, the Secretary of Health and 
Human Services, and the Secretary of the Treas-
ury). 
VerDate Sep 11 2014 
20:55 Mar 10, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1189.IH
H1189
asabaliauskas on DSK5VPTVN1PROD with BILLS
(2) APPLICATION
OF
SUBSECTION.—With re-
spect 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) or 
(j)(2)), this subsection shall apply if the reward with 
respect to such programs is less than or equal to the 
maximum reward amounts provided for by section 
2705(j)(3)(A) of such Act (42 U.S.C. 300gg– 
4(j)(3)(A)) (or any regulations promulgated with re-
spect to such section by the Secretary of Labor, the 
Secretary of Health and Human Services, and the 
Secretary of the Treasury). 
(b) 
COLLECTION
OF
INFORMATION.—Notwith-
standing any other provision of law, the collection of infor-
mation about the manifested disease or disorder of a fam-
ily 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 of-
fered 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)), and 
VerDate Sep 11 2014 
20:55 Mar 10, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1189.IH
H1189
asabaliauskas on DSK5VPTVN1PROD with BILLS