Court in AARP Case Says ADA and GINA Incentive Rules No Longer Effective as of 1/1/19!

As you may recall, the AARP sued the EEOC over their May 2016 rules under ADA and GINA stating that a wellness program would still be voluntary if a reward for providing employee health information did not exceed 30% of the total cost of self-only coverage. The AARP won that lawsuit, and now, as of 12/20/17, the District Court has “vacated” those incentive rules and asked the EEOC to go back to the drawing board. What does this mean for you? For 2018, the current rules will still apply (i.e., rewards for filling out HRAs or biometric screens can still be up to 30% of the total cost of self-only coverage). But, for the 2019 plan year, wellness programs will need to adjust incentives downward. How much downward? That remains to be seen. We may have a hint of that later in 2018. The court ordered the EEOC to file a status report of its review of the rules by March 30, 2018, and to issue any notice of proposed rule making by 8/31/2018. Stay tuned. The Center for Health and Wellness Law, LLC will keep you apprised of any developments. Here is a link to the 12/20/17 order: