ADA, Wellness Programs, Conflict; New Regs Proposed

The EEOC has issued proposed regulations to address wellness programs and how they interface with the Americans With Disabilities Act. Attorneys from Morgan Lewis explain why the proposed regulations are a win for employers but still leave an important issue unaddressed: inconsisteny with wellness regulations already in place under the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act. On the plus side for employers are the proposed regulations concerning health questionnaires and biometric screenings, typically an intrinsic component of wellness programs but allowable only in limited situations under the ADA. The proposed regulations clarify when they can be implemented and fall under the ADA’s “voluntary” exception. But remaining discrepancies are significant, and this post outlines them in detail.