Update: We Spoke Too Soon; Proposed Wellness Rules Withdrawn

In our recent post, we discussed the EEOC’s newest proposed wellness program rules under the ADA and GINA.  As of this week, those proposed rules have been formally withdrawn by the EEOC.  The proposed rules were posted unofficially on the EEOC’s website but were not published in the Federal Register before President Biden took office.

As part of its day-one executive orders, the Administration, like most other incoming administrations, issued a regulatory freeze memo. The memo asked that rules not yet published be withdrawn until the new administration has time to review and approve them. In response to the memo, the EEOC announced that it has formally withdrawn the proposed rules and removed them from the Commission’s website.

There is some speculation that the rules will not be re-submitted until the EEOC has a Democratic majority.  Currently, Republicans control the Commission with a 3-2 majority.  We will have to wait and see what the EEOC does next.  In the meantime, employers with wellness plans should continue comply with the portions of the 2016 EEOC wellness rules that were not invalidated by the court, and the other applicable laws regarding wellness, including HIPAA.

If you have any questions about your wellness program’s compliance with the laws, please reach out to any of Graydon’s employee benefits team.