On October 24, 2016, AARP sued the EEOC regarding the final wellness program regulations issued by
the EEOC earlier this year. While the final wellness program regulations have
received criticism, this is the first major lawsuit filed against them. AARP
claims that the final regulations violate laws aimed at protecting the privacy
of employee medical information. AARP is seeking a preliminary injunction to
stop implementation of the final wellness program regulations, which are set to
take effect in 2017.
Under federal law, employers generally cannot require their
employees to share medical information. Motivated in part by new HIPAA rules
under the Affordable Care Act, many employers have started offering health
assessments and other wellness programs that involve the sharing of employee
medical information. The final wellness program regulations allow these types
of programs so long as they are voluntary and meet certain other requirements.
If the incentive under a wellness program is significant enough, it may be
deemed essentially a requirement to share medical information. Under the final
wellness program regulations issued by the EEOC, if the incentives under a voluntary
wellness program do not exceed 30% of the cost of health insurance coverage,
the program will not be deemed to require employees to share medical
information.
We will continue monitoring this lawsuit and provide updates
when they are available. If you have any questions about your wellness program,
we would encourage you to contact any member of the BrownWinick employmentpractice group.
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