[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1313 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1313

   To clarify rules relating to nondiscriminatory workplace wellness 
                               programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2017

 Ms. Foxx (for herself and Mr. Walberg) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, and 
  in addition to the Committees on Energy and Commerce, and Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To clarify rules relating to nondiscriminatory workplace wellness 
                               programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Employee Wellness 
Programs Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Congress has a strong tradition of protecting and 
        preserving employee workplace wellness programs, including 
        programs that utilize a health risk assessment, biometric 
        screening, or other resources to inform and empower employees 
        in making healthier lifestyle choices;
            (2) health promotion and prevention programs are a means to 
        reduce the burden of chronic illness, improve health, and limit 
        the growth of health care costs;
            (3) in enacting the Patient Protection and Affordable Care 
        Act (Public Law 111-148), Congress intended that employers 
        would be permitted to implement health promotion and prevention 
        programs that provide incentives, rewards, rebates, surcharges, 
        penalties, or other inducements related to wellness programs, 
        including rewards of up to 50 percent off of insurance premiums 
        for employees participating in programs designed to encourage 
        healthier lifestyle choices; and
            (4) Congress has struck an appropriate balance among 
        employees, health care providers, and wellness plan sponsors to 
        protect individual privacy and confidentiality in a wellness 
        program which is designed to improve health outcomes.

SEC. 3. NONDISCRIMINATORY WORKPLACE WELLNESS PROGRAMS.

    (a) Uniformity Across Federal Agencies.--
            (1) Programs offered in conjunction with an employer-
        sponsored health plan.--
                    (A) In general.--Notwithstanding any other 
                provision of law, workplace wellness programs and 
                programs of health promotion or disease prevention 
                offered by an employer in conjunction with an employer-
                sponsored health plan that meet the requirements set 
                forth in subparagraph (B) shall be considered to be in 
                compliance with--
                            (i) the acceptable examinations and 
                        inquiries set forth in section 102(d)(4)(B) of 
                        the Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12112(d)(4)(B));
                            (ii) section 2705(d) of the Public Health 
                        Service Act (42 U.S.C. 300gg-4(d)); and
                            (iii) section 202(b)(2) of the Genetic 
                        Information Nondiscrimination Act of 2008 (42 
                        U.S.C. 2000ff-1(b)(2)).
                    (B) Program requirements.--The requirements 
                referenced in subparagraph (A) are that--
                            (i) the programs described in such 
                        subparagraph comply with section 2705(j) of the 
                        Public Health Service Act (42 U.S.C. 300gg-
                        4(j));
                            (ii) any reward provided or offered by a 
                        program described in such subparagraph shall be 
                        less than or equal to the maximum reward 
                        amounts provided for by section 2705(j)(3)(A) 
                        of the Public Health Service Act (42 U.S.C. 
                        300gg-4(j)(3)(A)), regardless of whether such 
                        programs are otherwise subject to such 
                        limitations; and
                            (iii) the programs described in such 
                        subparagraph comply with any regulations 
                        promulgated with respect to section 2705(j) of 
                        such Act by the Secretary of Labor, the 
                        Secretary of Health and Human Services, or the 
                        Secretary of the Treasury.
                    (C) Safe harbor.--Notwithstanding any other 
                provision of law, section 501(c)(2) of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2)) 
                shall apply to workplace wellness programs or programs 
                of health promotion or disease prevention offered by an 
                employer in conjunction with an employer-sponsored 
                health plan.
            (2) Other programs offering more favorable treatment for 
        adverse health factors.--Notwithstanding any other provision of 
        law, workplace wellness programs and programs of health 
        promotion or disease prevention offered by an employer that 
        provide for more favorable treatment of individuals with 
        adverse health factors as described in 45 CFR 146.121(g) (or 
        any successor regulations) shall be considered to be in 
        compliance with--
                    (A) the acceptable examinations and inquiries set 
                forth in section 102(d)(4)(B) of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B));
                    (B) section 2705(d) of the Public Health Service 
                Act (42 U.S.C. 300gg-4(d)); and
                    (C) section 202(b)(2) of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-
                1(b)(2)).
            (3) Programs not offered in conjunction with an employer-
        sponsored health plan.--
                    (A) In general.--Notwithstanding any other 
                provision of law, workplace wellness programs and 
                programs of health promotion or disease prevention 
                offered by an employer that are not offered in 
                conjunction with an employer-sponsored health plan that 
                are not described in section 2705(j) of the Public 
                Health Service Act (42 U.S.C. 300gg-4(j)) that meet the 
                requirement set forth in subparagraph (B) shall be 
                considered to be in compliance with--
                            (i) the acceptable examinations and 
                        inquiries as set forth in section 102(d)(4)(B) 
                        of the Americans with Disabilities Act of 1990 
                        (42 U.S.C. 12112(d)(4)(B));
                            (ii) section 2705(d) of the Public Health 
                        Service Act (42 U.S.C. 300gg-4(d)); and
                            (iii) section 202(b)(2) of the Genetic 
                        Information Nondiscrimination Act of 2008 (42 
                        U.S.C. 2000ff-1(b)(2)).
                    (B) Limitation on rewards.--The requirement 
                referenced in subparagraph (A) is that any reward 
                provided or offered by a program described in such 
                subparagraph shall be less than or equal to the maximum 
                reward amounts provided for by section 2705(j)(3)(A) of 
                the Public Health Service Act (42 U.S.C. 300gg-
                4(j)(3)(A)), and any regulations promulgated with 
                respect to such section by the Secretary of Labor, the 
                Secretary of Health and Human Services, or the 
                Secretary of the Treasury.
    (b) Collection of Information.--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 as part of a workplace wellness program described in paragraph 
(1) or (2) 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 term 
``family member'' has the meaning given such term in section 201 of the 
Genetic Information Nondiscrimination Act (Public Law 110-233).
    (c) Rule of Construction.--Nothing in subsection (a)(1)(A) shall be 
construed to prevent an employer that is offering a wellness program to 
an employee from requiring such employee, within 45 days from the date 
the employee first has an opportunity to earn a reward, to request a 
reasonable alternative standard (or waiver of the otherwise applicable 
standard). Nothing in subsection (a)(1)(A) shall be construed to 
prevent an employer from imposing a reasonable time period, based upon 
all the facts and circumstances, during which the employee must 
complete the reasonable alternative standard. Such 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)) (and any regulations promulgated with 
respect to such section by the Secretary of Labor, the Secretary of 
Health and Human Services, or the Secretary of the Treasury).
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