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ADA Notice Required for Wellness Programs Collecting Employee Health Information for 2017 

Posted by Barbara J. Zabawa | Oct 08, 2016 | 0 Comments

At the HERO Forum 2016 in Atlanta, EEOC Attorney Chris Kuczynski confirmed a conclusion about when to start providing employees a copy of the Americans with Disabilities Act (ADA) Notice required under the ADA final rule issued in May of this year. Attorney Kuczynski responded that those notices should be issued now if your wellness program meets the following criteria: 

  • You are asking employees or family members to complete a health risk assessment now;
  • Completion of that HRA is a condition for receiving an incentive; and
  • You are calculating the value of the incentive based on a plan that takes effect in 2017

If this applies to your wellness program, you should issue the ADA notices now, before you ask the employees/family members to complete the HRA.  If you need a sample notice, you can obtain one through the EEOC or under “resources” on my firm's website.  If you need further assistance with the notice requirement, contact the Center for Health and Wellness Law, LLC.   

About the Author

Barbara J. Zabawa

Barbara is lead author of the book Rule the Rules on Workplace Wellness Programs, published by the American Bar Association. She is a frequent writer and speaker on health and wellness law topics, having presented for national organizations such as WELCOA, National Wellness Institute, HPLive, Healthstat University and HERO. Barbara J. Zabawa is a Clinical Assistant Professor for the University of Wisconsin Milwaukee College of Health Sciences, Department of Health Services Administration where she teaches graduate and undergraduate courses in health law and compliance, US health care delivery and health professions career development. Barbara also owns the Center for Health and Wellness Law, LLC a law firm dedicated to improving legal access and compliance for the health and wellness industries.  Before graduating with honors from the University of Wisconsin Law School, she obtained an MPH degree from the University of Michigan. Immediately prior to starting her own firm, she was Associate General Counsel and HIPAA Privacy Officer for a large health insurer where she advised on Affordable Care Act matters. She was also a shareholder and Health Law Team Leader at a large Wisconsin law firm. Barbara serves health and wellness professionals and organizations across the country as an advocate, a transactional lawyer and a compliance resource. Her commitment to improving health and wellness also shows through her community service. Barbara founded the Wellness Compliance Institute, a nonprofit organization that seeks to improve wellness program and activity compliance. She also is a Board Member for the Rogers Memorial Hospital Foundation, a health care organization that specializes in treating mental illness and she chairs the State Bar of Wisconsin Health Law Section. Barbara is licensed to practice law in both Wisconsin and New York.

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