HR Policy Association

CHRO Guide to EEOC’s Proposed Wellness Program Rule Highlights Challenges Posed by Undefined Provisi

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Authors: Marie Murphy


This week, HR Policy Association released a CHRO Guide to the Equal Employment Opportunity Commission’s proposed rule on wellness programs to alert members to the potential legal and practical issues they will have to address should certain provisions be finalized.  Although the EEOC’s effort to address the uncertainties created by its previous litigation and lack of guidance is a welcome development, the proposed rule significantly restricts the financial incentives for family coverage and smoking cessation programs, and includes ambiguous, undefined and subjective provisions that will unnecessarily increase litigation.  Because wellness programs are a core element of many of our members’ health benefit programs, HR Policy will file comments on the proposed rule prior to the June 19, 2015 deadline.  In addition, the Association has scheduled a one-hour conference call on Wednesday May 13 at 2:00 p.m. EDT that will be hosted by Health Care Policy Committee Chair Marc Reed, Chief Administrative Officer of Verizon Communications Inc., to discuss the proposed rule.  In addition, EEOC Commissioner Victoria A. Lipnic will give her perspective on the proposal.  You can register for the conference call here.