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Health, Wellness Plans and the Law

All is not well with wellness plans. The EEOC, fearing employers can use employee health data gained through employer wellness programs to discriminate against employees, recently issued new regulations for employer wellness programs. Patricia Nemeth, founding partner of Nemeth Law, highlights the 4 key EEOC regulations:

1. Wellness plans must have a reasonable chance of improving an employee’s health

2. The program must be voluntary for employees

3. The employer must notify employees if the wellness plan is part of the employer-sponsored health insurance plan

4. Wellness plans must provide reasonable alternatives for disabled employees who are unable to participate

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