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New Proposed Wellness Rules Coming in 2019

wellness rules 2019

1 minute read

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.

National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Ken Zastrow

Ken Zastrow

Ken Zastrow enjoys establishing a strong rapport with his clients. He believes that education is key in helping them understand their benefit plans. Ken has a strong background in underwriting and post-employment benefits. As Employee Benefits Consultant at National Insurance Services, Ken is responsible for the overall assessment and management of all an employer’s benefit plans including claim reconciliation, policy changes, renewals, and medical and dental analytics. He is also well versed in compliance, benefit integration, and early retiree benefits. Ken is a licensed insurance agent (Health, Life, Series 6 and Series 63) as well as a registered financial representative with GWN Securities. He works with schools, cities, and counties in Wisconsin.