The US Equal Employment Opportunity Commission today published a notice of proposed rulemaking describing how Title I of the Americans with Disabilities Act applies to employer wellness programs that are part of group health plans. The proposed rule provides guidance about how wellness programs offered as part of an employer’s group health plan can comply with the ADA consistent with provisions governing wellness programs in the Health Insurance Portability and Accountability Act, as amended by the Affordable Care Act.

The NPRM requires that if an employee health program seeks information about employee health or medical examinations, the program must be reasonably likely to promote health or prevent disease. Employees may not be required to participate in a wellness program, or denied health coverage or disciplined if they refuse to participate.

Wellness programs are permitted under the ADA, but that they may not be used to discriminate based on disability. Companies may offer incentives of up to 30% of the total cost of employee-only coverage in connection with wellness programs, and these programs can include medical examinations or questions about employees’ health, such as questions on a health risk assessment.

The proposed rule clarifies that medical information collected as a part of a wellness program may be disclosed to employers only in aggregate form that does not reveal the employee’s identity, and must be kept confidential in accordance with ADA requirements.

The EEOC published a “questions and answers” document about the notice, as well as a fact sheet for small businesses. The NPRM is available in the public inspection portion of the Federal Register and will be officially published on April 20. Members of the public have 60 days to submit comments.