EEOC Wellness Rule Update

EEOC Wellness Rule Update

As we reported in last month’s newsletter, recently a federal judge ordered the Equal Employment Opportunity Commission (EEOC) to redo its recent rules that impact many group wellness programs because the incentive limits in the regulation are arbitrary. However, the judge also ruled that all wellness programs affected by the EEOC rules should continue to follow old procedures until new rules are finalized to minimize confusion. While the original order implied that the EEOC should act right away to revise its original regulations, the EEOC has gone back to court to suggest that they might not be able to create new requirements until October of 2019 and that they might not be able to implement any changes until the 2021 plan year. The AARP, which is the group that sued the EEOC over its wellness rules, doesn’t like that plan and wants them to act much sooner, so it seems like the federal judge will need to intervene again.

Kistler Tiffany Benefits will continue to monitor this issue closely and will let you know if and when your group wellness program needs to make any changes to respond to any revised regulations.

By Jessica Waltman, Special Contributor

Jessica Waltman is a health reform strategist, with more than 20 years of experience in health insurance markets and health policy. She is the former Senior Vice President, Government Affairs, for the National Association of Health Underwriters.