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EEOC RIN: 3046-AB01 Publication ID: Fall 2015 
Title: Amendments to Regulations Under the Americans With Disabilities Act 
Abstract:

This proposed rule would amend the regulations to implement the equal employment provisions of the Americans with Disabilities Act (ADA) to address the interaction between title I of the ADA and financial inducements and/or penalties as part of wellness programs offered through health plans. EEOC also plans to address other aspects of wellness programs that may be subject to the ADA's nondiscrimination provisions in this Notice of Proposed Rulemaking.

 
Agency: Equal Employment Opportunity Commission(EEOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 29 CFR 1630   
Legal Authority: 42 U.S.C. 12101 et seq.   
Legal Deadline:  None

Statement of Need: The revision to 29 CFR 1630.14(d) is needed to address numerous inquiries EEOC has received about whether an employer that complies with regulations implementing the final Health Insurance Portability and Accountability Act (HIPAA) rules concerning wellness program incentives, as amended by the Affordable Care Act (ACA), will be in compliance with the ADA.

Summary of the Legal Basis: The ADA requires the EEOC to issue regulations implementing title I of the Act. The EEOC initially issued regulations in 1991 on the law's requirements and prohibited practices with respect to employment and issued amended regulations in 2011 to conform to changes to the ADA made by the ADA Amendments Act of 2008. These proposed revisions are based on that statutory requirement.

Alternatives: The EEOC will consider all alternatives offered by public commenters.

Anticipated Costs and Benefits: Based on the information currently available, the Commission does not anticipate that the rule will impose additional costs on employers, beyond minimal costs to train human resource professionals. The regulation does not impose any new employer reporting or recordkeeping obligations. We anticipate that the changes will benefit entities covered by title I of the ADA by generally promoting consistency between the ADA and HIPAA, as amended by the ACA, and result in greater predictability and ease of administration.

Risks: The proposed rule imposes no new or additional risks to employers. The proposal does not address risks to public safety or the environment.

Timetable:
Action Date FR Cite
NPRM  04/20/2015  80 FR 21659   
NPRM Comment Period End  06/19/2015 
Final Action  02/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Christopher Kuczynski
Assistant Legal Counsel, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 663-4665
TDD Phone:202 663-7026
Fax:202 653-6034
Email: christopher.kuczynski@eeoc.gov

Joyce Walker-Jones
Senior Attorney Advisor, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 663-7031
Fax:202 653-6034
Email: joyce.walker-jones@eeoc.gov