EEOC Wellness Regulatory History
| Year | Action | Status |
|---|---|---|
| 2016 | EEOC issued final wellness regulations (30% incentive limit) | Vacated by federal court in 2017 |
| 2017 | Federal court vacated 2016 regulations | No EEOC wellness regulations in effect |
| 2021 | EEOC issued new proposed rules (de minimis incentive limit) | Not finalized |
| 2026 | No final EEOC wellness regulations | Regulatory uncertainty continues |
The Conservative Approach
In the absence of final EEOC regulations, employers should follow a conservative approach: limit wellness incentives to 30% of employee-only premium (consistent with HIPAA), ensure participation is voluntary, provide reasonable accommodations, and separate genetic information collection from incentivized portions of the HRA.
HIPAA Safe Harbor
IQ Insight
HIPAA wellness incentive rules provide a practical safe harbor for wellness program design. Health-contingent wellness programs that comply with HIPAA (30% incentive limit, reasonable alternative standard, annual availability) are generally considered to satisfy the voluntariness requirement under the ADA — even in the absence of final EEOC regulations. Design your wellness program to comply with HIPAA and document your compliance.