Do employers need a separate ADA notice if their wellness program collects employee health information?


A final rule under the Americans with Disabilities Act (ADA) requires employers offering wellness programs that collect employee health information to provide a notice with certain necessary information. If you already give your wellness program participants a notice under the Health Insurance Portability and Accountability Act (HIPAA), do you need to provide a separate ADA notice?


Wellness programs often gather health results — such as high blood pressure, high cholesterol, or diabetes — through voluntary health risk assessments (HRAs) or voluntary biometric screenings. If you already provide a notice that tells your employees what information will be collected, who will receive it, how it will be used, and how it will be kept confidential, you may not have to provide a separate notice under the ADA. However, if your existing notice does not provide all of this information, or if it is not easily understood by employees, then you must provide a separate ADA notice that sets forth this information in a manner that is reasonably likely to be understood by your employees.

The EEOC published a sample notice to help employers comply with this requirement, and it is available at

Source: Final Rule: Regulations Under the Americans with Disabilities Act, 81 FR 31126, May 17, 2016, applicable January 1, 2017; Employee Benefits Management Newsletter, No. 625, January 11, 2017.

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