Sample ADA Notice for Wellness Programs

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires employers offering wellness programs that collect employee health information to provide a notice to employees that discloses the information that will be collected, how it will be used, who will receive it, and what will be done to keep the information confidential.  This notice requirement is one of the elements that determines whether an employee’s participation in a wellness program is voluntary.  As promised by the final rule, the EEOC has published this sample notice at  https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm.

While employers are not required to comply with the ADA notice requirement until the first day of the 2017 plan year, we recommend that you consider providing the ADA notice as part of your open enrollment packets. You can use the sample notice or rely on your own notice, so long as it contains the information required by the ADA final rule.  Note that if you use the sample notice, you will need to customize the notice to reflect the terms of the employer’s wellness program (such as whether the program uses a HRA or biometric screening).

 

Lindsay R. Docto

Lindsay R. Docto

As an associate in Dorsey’s Benefits & Compensation Group, Lindsay advises clients on benefits issues in connection with mergers and acquisitions. Lindsay also counsels clients on ERISA and issues that arise in maintaining retirement and health and welfare plans for companies at various stages of growth. In addition, Lindsay provides guidance to clients working to comply with Affordable Care Act requirements as companies assess the applicability of market reforms and establish 4980H reporting procedures.

Bob Seng

Bob Seng

With plenty of experience in private practice and as an Assistant General Counsel for Pay & Benefits in a Fortune 50 Company, Bob understands that employee benefits law isn’t for everyone. That’s why he takes pride in listening carefully and responding with clear answers and advice that can be followed by busy clients.

Tim Goodman

Tim Goodman

Tim Goodman works with employers on medical plans, retirement plans, executive compensation, and a wide range of benefits. Tim works with a broad array of employers, with a special focus on assisting cooperatives, agribusiness companies, hospitals and health care entities, banks and financial institutions, and Alaskan Native Corporations.Employers have Tim provide advice on health care reform (the ACA), wellness plans, and other welfare plan matters (ranging from cafeteria and health FSAs to severance and tuition plans). With respect to health care reform, Tim advises employers on the new fees (from the employer shared responsibility fee to the Cadillac tax), assists them in preparing for reporting on Form 1095-C, and explains the new requirements ranging from notice requirements to plan mandates.Tim recognizes the complex nature of the rules governing retirement plans and works with employers to review operations, address errors, and help employers maintain the tax-qualified status of their plans. Tim advises employers on qualified and nonqualified retirement plans (including defined benefit, 401(k), 403(b), 457(b), and 457(f) plans, and section 409A).

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