Wellness Compliance Checklist
| Requirement | Law | Compliance Action |
|---|---|---|
| Voluntary participation | ADA | Confirm incentives do not coerce participation |
| No genetic information incentives | GINA | Separate family history from incentivized HRA |
| Reasonable alternative standard | HIPAA | Offer alternative for employees who cannot meet health standard |
| 30% incentive limit | HIPAA | Confirm incentives ≤ 30% of employee-only premium (50% for tobacco) |
| Reasonable accommodation | ADA | Provide alternative for employees with disabilities |
| Privacy protections | HIPAA/ADA | Aggregate data only; no individual results to employer |
| Notice of availability | HIPAA | Provide notice of wellness program and alternative standard |
Annual Compliance Review
Conduct an annual wellness program compliance review before open enrollment. Review the program design, incentive amounts, HRA content, and vendor contracts for compliance with ADA, GINA, HIPAA, and ERISA. Document the review and any changes made to address compliance issues.
Vendor Compliance
Pro Tip
Third-party wellness vendors must also comply with applicable laws. Confirm your wellness vendor has a HIPAA business associate agreement, does not share individual health data with the employer, and complies with ADA and GINA requirements. Include compliance representations in your vendor contract and conduct periodic compliance audits.