[Griff]

H. R. 1313
To clarify rules relating to nondiscriminatory workplace wellness
IN THE HOUSE OF REPRESENTATIVES

March 2, 2017
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).