There’s more to consider than whether your wellness plan meets current IRS rules. The Equal Employment Opportunity Commission (EEOC) recently proposed regulations on wellness plans that focus on disability discrimination under the Americans with Disabilities Act.
Key: Although these proposed regs hew closely to the IRS’ rules, there are some significant differences.
Warning: Wellness plans would be required to satisfy both agencies’ criteria. These regs won’t become effective until final regs are issued. (80 F.R. 21695, 4-20-15)
How wellness plans are structured. The IRS recognizes two types of wellness plans, both of which are designed to promote health or prevent disease: participatory plans (e.g., you attend classes on nutrition or simply complete a health risk assessment) and health-contingent plans. Health-contingent plans are divided into activity-only and outcome-based plans. Health-contingent plans must meet five non...(register to read more)