Frank C. Morris, Jr., Adam Solander Quoted in “EEOC’s ADA Proposal on Wellness Plans Stirs Hopes, Concerns of Affected Groups”

Daily Labor Report

Frank C. Morris, Jr., a Member of the Firm in the Litigation and Employee Benefits practices, and Adam C. Solander, a Member of the Firm in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, were quoted in Bloomberg BNA’s Daily Labor Report, in “EEOC's ADA Proposal on Wellness Plans Stirs Hopes, Concerns of Affected Groups,” by Kevin McGowan.

Following is an excerpt:

The EEOC's proposed 30 percent maximum incentive is “a far smaller amount” than an employer currently can offer under the ACA regulations, said Solander of Epstein Becker.

It's also troubling that the EEOC proposal doesn't include the tobacco cessation incentive provision, Solander told Bloomberg BNA April 29. Presumably the EEOC instead would wrap any incentives for smoking cessation into the overall 30 percent limit, he said.

Under the EEOC proposal, there's a danger “the ‘incentive' becomes so small it may not act as an incentive” for employees to participate in wellness programs, said Frank Morris, also with Epstein Becker in Washington. …

Frank Morris with previous Epstein Becker Green in Washington emphasized that wherever the EEOC lands with its final rule, the agency must give employers plenty of lead time to modify wellness programs. An employer can't just “turn around” its group health plan provisions except during the plan's open season, he said.