I 
115TH CONGRESS 
1ST SESSION H. R. 1313 
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 
A BILL 
To clarify rules relating to nondiscriminatory workplace 
wellness programs. 
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 pro-
tecting and preserving employee workplace wellness 
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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 
and confidentiality in a wellness program which is 
designed to improve health outcomes. 
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SEC. 
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, workplace wellness pro-
grams and programs of health promotion or 
disease prevention offered by an employer in 
conjunction with an employer-sponsored health 
plan that meet the requirements set forth in 
subparagraph (B) shall be considered to be in 
compliance with— 
(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)); and 
(iii) section 202(b)(2) of the Genetic 
Information 
Nondiscrimination 
Act 
of 
2008 (42 U.S.C. 2000ff–1(b)(2)). 
(B) PROGRAM
REQUIREMENTS.—The re-
quirements referenced in subparagraph (A) are 
that— 
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(i) the programs described in such 
subparagraph comply with section 2705(j) 
of the Public Health Service Act (42 
U.S.C. 300gg–4(j)); 
(ii) 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)), regard-
less of whether such programs are other-
wise subject to such limitations; and 
(iii) the programs described in such 
subparagraph comply with any regulations 
promulgated 
with 
respect 
to 
section 
2705(j) of such Act by the Secretary of 
Labor, the Secretary of Health and 
Human Services, or the Secretary of the 
Treasury. 
(C) 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 workplace 
wellness programs or programs of health pro-
motion or disease prevention offered by an em-
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ployer in conjunction with an employer-spon-
sored health plan. 
(2) OTHER PROGRAMS OFFERING MORE FAVOR-
ABLE
TREATMENT
FOR
ADVERSE
HEALTH
FAC-
TORS.—Notwithstanding any other provision of law, 
workplace wellness programs and programs of health 
promotion or disease prevention offered by an em-
ployer that provide for more favorable treatment of 
individuals with adverse health factors as described 
in 45 CFR 146.121(g) (or any successor regula-
tions) shall be considered to be in compliance with— 
(A) 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)); 
(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, workplace wellness pro-
grams and programs of health promotion or 
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300gg–4(j)(3)(A)), and any regulations promul-
gated with respect to such section by the Sec-
retary of Labor, the Secretary of Health and 
Human Services, or the Secretary of the Treas-
ury. 
(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 as part of a workplace wellness program described 
in paragraph (1) or (2) offered by an employer (or in con-
junction 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 shall not violate title I or title 
II of the Genetic Information Nondiscrimination Act of 
2008 (Public Law 110–233). For purposes of the pre-
ceding sentence, the term ‘‘family member’’ has the mean-
ing given such term in section 201 of the Genetic Informa-
tion Nondiscrimination Act (Public Law 110–233). 
(c) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a)(1)(A) shall be construed to prevent an em-
ployer 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 re-
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ward, 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 em-
ployer 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 other-
wise 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)) (and any regulations promulgated 
with respect to such section by the Secretary of Labor, 
the Secretary of Health and Human Services, or the Sec-
retary of the Treasury). 
Æ 
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