--- title: It Might Be Time to Rethink Your Employee Wellness Incentives description: Regardless of any future proposed rules or guidance, you should ensure that your current wellness program is compliant with existing laws and regulations. image: https://www.mcclone.com/hubfs/fitness.jpg --- [Skip to main content](https://www.mcclone.com/blog/it-might-be-time-to-rethink-your-employee-wellness-incentives#maincontent) # It Might Be Time to Rethink Your Employee Wellness Incentives February 24th, 2021 2 min. read By [Amy Kumaraperu, Population Health Advisor](https://www.mcclone.com/blog/author/amy-kumaraperu-population-health-advisor) ![treadmills in fitness center](https://www.mcclone.com/hs-fs/hubfs/fitness.jpg?width=900&height=450&name=fitness.jpg) Are you certain your employee wellness program is compliant with federal law? After the leadership changes at the Equal Employment Opportunity Commission (EEOC) this month, the proposed rules limiting incentives for voluntary participation in [employer wellness plans](https://www.mcclone.com/blog/employee-wellness-programs-key-to-lowering-healthcare-costs) have been suspended—indefinitely. New proposed rules could be announced within weeks or months, or maybe even years (it took the EEOC nearly two years to propose these rules after removing the incentive provisions in January 2019). In the absence of new rules, with an agency position of no safe harbor and a change in enforcement priorities, employers are rightly asking themselves: ##### Am I compliant with current regulations? The short answer: If you are compliant with all the existing provisions of the conflicting laws, yes. What would that look like? - An incentivized wellness program that doesn’t require employees to disclose medical information and doesn’t impose a penalty for non-participation. - A voluntary wellness program wherein employees can choose to disclose medical information to participate but are neither incentivized nor penalized based on participation. If, however, your wellness program: - Requires participants to provide medical information (e.g., health risk assessments, preventive health screenings, etc.) ***and*** - Relies heavily on premium differentials or levies penalties to incentivize employees to participate … Your program is not likely compliant with current antidiscrimination laws and is unlikely to be made compliant with any new proposed rules. The proposed rule (now suspended) limiting incentives to an inconsequential value, thus ensuring that participation in programs is truly “voluntary,” is likely to be upheld, as any larger value would be repeatedly challenged in court. The proposed (now suspended) safe harbor exception for wellness programs offered under a group health plan, however, remains in question given the EEOC’s former stance that the ADA provision didn’t apply to wellness programs. It’s possible the suspended rule could be upheld in a new proposal, but it might be altered in some fashion to offer additional protection to workers. ##### What Should I Do Now? While the EEOC seems to have tipped its hand with the (now suspended) proposed rules, predictions about future rules are speculation at this point. Regardless of any future proposed rules or guidance, you should ensure that your current wellness program is compliant with existing laws and regulations. McClone clients are encouraged to reach out for help evaluating current wellness programs. Our in-house compliance attorney and our population health advisor will review your program and advise on necessary changes for compliance. We can also offer a variety of [alternative program options](https://www.mcclone.com/blog/employee-wellness-tips-for-reducing-healthcare-costs) that are designed to remain compliant regardless of any rule changes. Not currently a McClone client? Now is a great time to meet with our team and learn about all the value-add benefits and services (like consulting an attorney and special advisor) available to McClone clients. Contact us today! [![Talk to Us Interview CTA](https://no-cache.hubspot.com/cta/default/3851480/9979acb1-bbca-4272-8b16-eef66fa0a576.png)](https://cta-redirect.hubspot.com/cta/redirect/3851480/9979acb1-bbca-4272-8b16-eef66fa0a576) [ Amy Kumaraperu, Population Health Advisor ](https://www.mcclone.com/blog/author/amy-kumaraperu-population-health-advisor) Amy has more than 13 years of experience working in human resources. She is a Certified Worksite Wellness Program Manager, and she holds a bachelor's degree in human resources as well as a master's degree in business administration from the University of Wisconsin-Oshkosh. Connect: [mailto:amy.kumaraperu@mcclone.com](mailto:amy.kumaraperu@mcclone.com) Topics: [ Health Insurance ](https://www.mcclone.com/blog/tag/health-insurance) [ Employee Wellness ](https://www.mcclone.com/blog/tag/employee-wellness) [ Compliance ](https://www.mcclone.com/blog/tag/compliance) Don't forget to share this post: [![](https://www.mcclone.com/hs-fs/hubfs/Is%20an%20ICHRA%20Right%20for%20Your%20Organization.jpg?width=2500&height=1308&name=Is%20an%20ICHRA%20Right%20for%20Your%20Organization.jpg) ### Is an ICHRA Right for Your Organization? May 1st, 2025|3 min. read ](https://www.mcclone.com/blog/is-an-ichra-right-for-your-organization) [![Self-funded_Health_Insurance](https://www.mcclone.com/hubfs/Images/Blog%20Images/2018.3%20Images/Self-funded_Health_Insurance.jpg) ### Self-funded Health Insurance - What It Is and When to Consider It August 9th, 2023|3 min. read ](https://www.mcclone.com/blog/self-funded-health-insurance-what-it-is-and-when-to-consider-it) [![](https://www.mcclone.com/hs-fs/hubfs/doctor-6701410_1280.jpg?width=1034&height=450&name=doctor-6701410_1280.jpg) ### IRS Increases Health Savings Account Limits for 2024         What this means for companies and their employees May 24th, 2023|1 min. read ](https://www.mcclone.com/blog/irs-increases-health-savings-account-limits-for-2024-what-this-means-for-companies-and-their-employees) [![](https://www.mcclone.com/hs-fs/hubfs/What%20You%20Need%20to%20Know%20About%20Stop%20Loss%20Coverage.png?width=2240&height=1260&name=What%20You%20Need%20to%20Know%20About%20Stop%20Loss%20Coverage.png) ### Self-Funded Insurance: What You Need to Know About Stop-Loss Coverage May 11th, 2022|3 min. read ](https://www.mcclone.com/blog/what-your-business-needs-to-know-about-stop-loss-coverage) [![Spousal Surcharge: A Fix for Rising Costs of Employer Sponsored Plans?](https://www.mcclone.com/hs-fs/hubfs/2-1.png?width=2240&height=1260&name=2-1.png) ### Spousal Surcharge: A Fix for Rising Costs of Employer Sponsored Plans? April 13th, 2022|2 min. read ](https://www.mcclone.com/blog/spousal-surcharges-another-technique-to-address-rising-health-insurance-costs) [![Lightbulb background to symbolize idea](https://www.mcclone.com/hubfs/Lightbulb%20background.jpg) ### Can a Benefit Group Captive Soothe Stress of Self-funding? December 2nd, 2020|3 min. read ](https://www.mcclone.com/blog/can-a-benefit-group-captive-soothe-stress-of-self-funding) [![Pharmacist talks about medication with pharmacy patient](https://www.mcclone.com/hubfs/Pharmacy%20Benefits%20Management.jpg) ### Understanding Pharmacy Costs & Drug Rebates Can Save Money November 18th, 2020|2 min. read ](https://www.mcclone.com/blog/understanding-pharmacy-costs-drug-rebates-can-save-money) [![Photo of training for employee benefits](https://www.mcclone.com/hubfs/EE%20Benefit%20training.jpg) ### Education is Key to Managing Pharmacy Drug Spend October 28th, 2020|2 min. read ](https://www.mcclone.com/blog/education-is-key-to-managing-pharmacy-drug-spend) [![mobile phone with stethoscope ](https://www.mcclone.com/hubfs/mobile%20phone%20with%20stethascope.jpg) ### Telehealth Takes Lead for 2021 Employee Benefits October 14th, 2020|2 min. read ](https://www.mcclone.com/blog/telehealth-takes-lead-for-2021-employee-benefits) [![florist employee](https://www.mcclone.com/hubfs/florist.jpg) ### 5 Trends in Employee Benefits for 2021 Open Enrollment October 7th, 2020|3 min. read ](https://www.mcclone.com/blog/5-trends-in-employee-benefits-for-2021-open-enrollment) [![woman meditating on dock of lake](https://www.mcclone.com/hubfs/Mental%20Health%202021.jpg) ### Mental Health Benefits Trends: Fads vs. Good Fits For Employees September 30th, 2020|3 min. read ](https://www.mcclone.com/blog/mental-health-benefits-trends-fads-vs.-good-fits-for-your-employees) [![](https://www.mcclone.com/hubfs/Images/2018%20Blog%20Images/Blog%20Images/2018.6%20Images/Best_Practices_for_Offering_Health_Benefits.jpg) ### Top 4 Best Practices for Offering Health Benefits and Lowering Premiums August 12th, 2020|3 min. read ](https://www.mcclone.com/blog/best-practices-for-offering-health-benefits-and-lowering-premiums) [![Offering_Competitive_Benefits](https://www.mcclone.com/hubfs/Images/Blog%20Images/2018.10%20Images/Offering_Competitive_Benefits.jpg) ### Creative Ideas for Offering Truly Competitive Benefits July 15th, 2020|3 min. read ](https://www.mcclone.com/blog/creative-ideas-for-offering-competitive-benefits) [![Doctor and patient shaking hands](https://www.mcclone.com/hubfs/doctor%20shaking%20patient%20hand%20in%20front%20of%20window.jpg) ### Benefits Communication: Inspiring Savvy Healthcare Users July 1st, 2020|3 min. read ](https://www.mcclone.com/blog/benefits-communication-inspiring-savvy-healthcare-users) [![Smiling employees in a line at work](https://www.mcclone.com/hubfs/Smiling%20employees%20in%20a%20line%20at%20work.jpeg) ### The Role of Employee Demographics in Providing Attractive Benefits November 20th, 2019|3 min. read ](https://www.mcclone.com/blog/the-role-of-employee-demographics-in-providing-attractive-benefits-1) [![Piggy bank and stethoscope resting on pile of dollars on white background](https://www.mcclone.com/hubfs/Piggy%20bank%20and%20stethoscope%20resting%20on%20pile%20of%20dollars%20on%20white%20background.jpeg) ### The Real Reasons Healthcare Costs Keep Going Up (And What You Can Do About It) October 16th, 2019|4 min. read ](https://www.mcclone.com/blog/the-real-reasons-healthcare-costs-keep-going-up-and-what-you-can-do-about-it) [![employees](https://www.mcclone.com/hubfs/employees.jpg) ### Beyond Benefits - 3 Tips to Improve Employee Satisfaction June 19th, 2019|2 min. read ](https://www.mcclone.com/blog/beyond-benefits-3-tips-to-improve-employee-satisfaction) [![Group of people in a Pilates class holding a fitness ball](https://www.mcclone.com/hubfs/Group%20of%20people%20in%20a%20Pilates%20class%20holding%20a%20fitness%20ball.jpeg) ### The Link Between Wellness and Lowering Workers’ Compensation Premiums January 30th, 2019|3 min. read ](https://www.mcclone.com/blog/the-link-between-wellness-programs-and-lowering-workers-compensation-premiums) [![Employee_Wellness_Tips_for_Reducing_Healthcare_Costs](https://www.mcclone.com/hubfs/Images/Blog%20Images/2018.12%20Images/Employee_Wellness_Tips_for_Reducing_Healthcare_Costs.jpg) ### 10 Practical Employee Wellness Tips for Reducing Healthcare Costs December 5th, 2018|3 min. read ](https://www.mcclone.com/blog/employee-wellness-tips-for-reducing-healthcare-costs) [![Employer_Tips_For_Open_Enrollment](https://www.mcclone.com/hubfs/Images/Blog%20Images/2018.9%20Images/Employer_Tips_For_Open_Enrollment.jpg) ### 8 Employer Tips and Best Practices for Open Enrollment September 19th, 2018|3 min. read ](https://www.mcclone.com/blog/employer-tips-and-best-practices-for-open-enrollment) [![Doctor holding piggy bank to show healthcare costs](https://www.mcclone.com/hubfs/Images/Blog%20Images/2018.9%20Images/Level_Funded_Health_Insurance.jpg) ### Is Level Funded Health Insurance Right for Your Business? September 5th, 2018|2 min. read ](https://www.mcclone.com/blog/level-funded-health-insurance) [![Employee_Wellness_Programs](https://www.mcclone.com/hubfs/Images/Blog%20Images/2018.3%20Images/Employee_Wellness_Programs.jpg) ### Employee Wellness Programs — A Key to Lowering Healthcare Costs March 28th, 2018|2 min. read ](https://www.mcclone.com/blog/employee-wellness-programs-key-to-lowering-healthcare-costs) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Amy Kumaraperu, Population Health Advisor", "url" : "https://www.mcclone.com/blog/author/amy-kumaraperu-population-health-advisor" }, "dateCreated" : "2021-02-23T22:37:07", "datePublished" : "2021-02-24T09:45:00-0600", "description" : "Regardless of any future proposed rules or guidance, you should ensure that your current wellness program is compliant with existing laws and regulations.", "headline" : "It Might Be Time to Rethink Your Employee Wellness Incentives", "image" : [ "https://www.mcclone.com/hubfs/fitness.jpg" ], "inLanguage" : "en-us", "keywords" : [ "Health Insurance", "Employee Wellness", "Compliance" ], "learningResourceType" : "article", "name" : "It Might Be Time to Rethink Your Employee Wellness Incentives", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://www.mcclone.com/hubfs/assets/logos/mcclone-logo-color.svg" }, "name" : "McClone Insurance" }, "timeRequired" : "2 minutes", "url" : "https://www.mcclone.com/blog/it-might-be-time-to-rethink-your-employee-wellness-incentives" } ```