New rules published by the Equal Employment Opportunity Commission (EEOC) require employers who are subject to the Americans with Disabilities Act (ADA) – generally those with 15 or more employees – and offer employee wellness programs, to provide employees a new notice regarding the information collected through wellness program health assessments. The notice informs employees what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential.

Beginning January 1, 2017, employers must provide this notice to all employees currently enrolled in a wellness program prior to the completion of a health assessment, by the first day of their 2017 plan year, and then annually at renewal. This notice must also be provided to new employees throughout the year.  

If your company is enrolled in the CBIA Healthy Connections program, you may download the notice here. You must customize the document with your company information and then distribute it to all your wellness program participants before they complete a health assessment in 2017.

If your company offers a wellness program outside of CBIA Health Connections, a sample notice may be found here. You may also want to visit the EEOC’s website to ensure your wellness program is in compliance with ADA regulations.

For more information, view the EEOC’s Q & A  and Small Business Fact Sheet.