Employers that are subject to the Americans with Disabilities Act (ADA) — generally those with 15 or more employees — that offer a wellness program that collects employee health information are reminded that they must provide a new notice to employees as of the first day of the plan year that begins on or after January 1, 2017.
A sample version of the notice has been provided here >>
Here are a couple of key points regarding distribution of the notice:
- The requirement to provide the notice takes effect as of the first day of the plan year that begins on or after January 1, 2017, for the health plan an employer uses to calculate any incentives it offers as part of the wellness program. (So, for example, if the plan year of the plan used to calculate the level of incentives begins on March 1, 2017, the notice requirement will apply to the wellness program as of that date.)
- The rule does not require that employees get the notice at a particular time. Employees must simply receive the notice before providing any health information, and with enough time to decide whether to participate in the program.
In addition, the Equal Employment and Opportunity Commission (EEOC) has released a set of Q&As to help employers comply with the new notice requirement.
If you have any questions about how this compliance requirement may impact your business, please contact your CBG Benefits’ account representative at 781-759-1222.