New rules published on May 17, 2016, under the Americans with Disabilities Act (ADA) require employers who offer wellness programs that collect employee health information to provide a notice to employees informing them what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential.
Timing and Format of Notice
This required notice must be provided to employees prior to plan years that begin on or after January 1, 2017. In addition, it must also be provided to new hires as they become eligible to participate in the wellness program. The notice also must be updated and re-sent to eligible employees whenever your wellness program is modified.
The notice can be given in any format that will be effective in reaching employees who are eligible for the wellness program. The EEOC guidance states that the notice may be provided in an email with a clear subject line, e.g., "Notice Concerning Employee Wellness Program."
EEOC Sample Notice
The EEOC has published a sample notice to help employers comply with the ADA along with questions and answers on the following website:
Please let us know if you have any questions regarding this new requirement or any wellness related topic.