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.