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New Proposed Wellness Rules Coming in 2019

wellness rules 2019

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The Equal Opportunity Commission (EEOC) announced its plans to issue new proposed rules on permissible wellness incentives under the Americans with Disabilities Act (ADA) by the end of 2019. The ADA applies to employer-sponsored wellness plans that ask for health information or include medical exams.

The EEOC issued final rules in May of 2016 addressing how the ADA applied to employer-sponsored wellness plans. The final rules included a 30% limit for wellness incentives. A federal court vacated this incentive limit effective January 1, 2019, and the EEOC removed the incentive limit from its final wellness rules.


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New proposed rules were expected to be issued by June 2019, but they have been delayed. Now the EEOC is expected to publish final rules by December 2019.

Until new wellness rules are issued, employers should carefully consider the level of incentives they use with their wellness programs. Stay tuned to our blog and we’ll let you know when the final rules are published.

For more information, download the bulletin.

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Erik Kass

Erik Kass

Erik Kass has been in your shoes. After working 14 years in Finance and Human Resources for school districts in Wisconsin, Erik was named the 2016 Wisconsin School Business Manager of the Year (WASBO). Now an Employee Benefits Consultant for National Insurance Services (NIS), his extensive knowledge and experience is his greatest asset to his customers. “Because I’ve been there, I have a deep understanding of the relationship between quality employee benefits and the limited resources public entities face.” Erik has a Master’s in Education with an emphasis on School Business Management, is ACA certified and is a licensed Health and Life insurance agent. As an Employee Benefits Consultant, he works with schools, cities and counties in Wisconsin and Illinois. Erik is also a member of WASBO (WI Association of School Business Officials), WASB (WI Association of School Boards), WASDA (WI Association of School District Administrators) and National Association of Health Underwriters (NAHU).