EEOC Withdraws Proposed Wellness Incentive Rules

The EEOC withdrew its proposed wellness incentive regulations, leaving uncertainty about wellness rules under the ADA and GINA.

February 23, 2021

In January 2021, the Equal Employment Opportunity Commission (EEOC) released new proposed wellness incentive regulations under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA). On February 12, however, the EEOC announced its withdrawal of these proposed regulations due to the current regulatory freeze.

What Happens Next?

Possible next steps for the EEOC include:

  • Reviewing and then publishing the proposed regulations for public comment, followed by final regulations;
  • Reviewing and then revising the proposed regulations before releasing for public comment, followed by final regulations; and
  • Putting the proposed regulations on hold until the appointment of new EEOC commissioners.

For now, we recommend that plan sponsors treat their wellness incentives as if the current rules still apply and consider delaying any substantial changes in incentive design. We will update our members on any new developments.

If you have questions, comments, or concerns about these or other regulatory and compliance issues, please contact us.

We provide this material for informational purposes only; it is not a substitute for legal advice.

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