Dive Brief:

• The EEOC recently issued a proposed rule to amend Title II of the Genetic Information Non-Discrimination Act of 2008 (GINA) that would “allow employers who offer wellness programs as part of group health plans to provide limited financial and other inducements...in exchange for an employee’s spouse providing information about his or her current or past health status.”
• This proposed rule extends the use of wellness incentives to spouses for the first time. Employers can also be creative with their incentives, including perks such as providing paid time off, prizes and gift cards, along with typical financial incentives, according to an article at the National Law Review.
• The only limit is that any incentive cannot exceed 30% of the total cost of self-only coverage.

Dive Insight:

According to the article, the EEOC's latest view on wellness is consistent with the Commission's April 2015 proposed regulations addressing how the Americans with Disabilities Act (ADA) applies to wellness programs.

While employee wellness programs remain popular and help employers keep their health insurance costs down, "paying keen attention to this changing area of the law will keep employers out of the weeds and help create a healthier workforce," wrote John Litchfield, an associate and litigation attorney with Foley & Lardner.