Sec. 3. Nondiscriminatory employee wellness programs

538 words·~2 min read·/bill/114/s/620/is/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any other provision of law, workplace wellness programs, or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan, described in section 2705(j) of the Public Health Service Act ( 42 U.S.C. 300gg–4(j) ), shall not violate the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) or title I or II of the Genetic Information Nondiscrimination Act of 2008 ( Public Law 110–233 ) because such program provides any amount or type of reward (as provided for in section 2705(j)(3)(A) of the Public Health Service Act (42 U.S.C. 300 gg–4(j)(3)(A))) to program participants if such program complies with such section 2705(j) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury).

With respect to workplace wellness programs, or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan, described in section 2705(j)(1)(B) or section 2705(j)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–4(j)(1)(B) or (j)(2)), this subsection shall apply if the reward with respect to such programs is less than or equal to the maximum reward amounts provided for by section 2705(j)(3)(A) of such Act ( 42 U.S.C. 300gg–4(j)(3)(A) ) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury).

Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member participating in workplace wellness programs, or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan, described in section 2705(j) of the Public Health Service Act ( 42 U.S.C. 300gg–4(j) ), and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 ( Public Law 110–233 ).

For purposes of the preceding sentence, the terms family members and manifestation shall have the meanings given such terms for purposes of title I or II of the Genetic Information Nondiscrimination Act ( Public Law 110–233 ), or the amendments made by such titles, as appropriate. Nothing in this Act shall be construed to limit or otherwise restrict the application of section 501(c)(2) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12201(c)(2) ) to any programs or arrangements described in this Act.

Nothing in the regulations referred to in subsection

(a)shall be construed to prevent an employer that is offering a wellness program to an employee from establishing a deadline of up to 180 days for employees to request and complete a reasonable alternative standard (or waiver of the otherwise applicable standard). A reasonable alternative standard (or waiver of the otherwise applicable standard) is provided for in section 2705(j)(3)(D) of the Public Health Service Act (42 U.S.C. 300 gg–4(j)(3)(D)) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury).

Connectionstraces to 3

Traces to 3 documents

U.S. Code

4 references not yet in our index