As we have previously noted, the EEOC’s challenges to workplace wellness program incentives under the ADA and GINA, and the seemingly interminable wait for guidance from the EEOC on the acceptable size of incentives. On March 3, 2015, Republican members of the Senate and House introduced the Preserving Employee Wellness Programs Act to harmonize the ACA wellness program provisionswith potentially conflicting provisions in the ADA and GINA. Our Benefits Law Advisor blog post, here, provides additional information concerning this legislative effort.
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