It's rare to hear about companies that don't offer wellness initiatives. It's become increasingly common for employers to provide these kinds of benefits to their workers, as leaders know the increased workplace satisfaction that comes as a result. In fact, the "2015 Employee Benefits" study from the Society for Human Resource Management found that 70 percent of organizations have these kinds of programs in their insurance coverage, up from 58 percent in 2008.
These plans don't come without important government regulations, however. Human resources teams have to stay on top of this guidance to remain compliant. The Equal Employment Opportunity Commission (EEOC) recently released new rules employers must follow when it comes to their wellness options. Triton Benefits has an inside look at those guidelines and wellness programs, but first let's see what elements are most common in wellness programs:
Companies should inform employees if their medical information will be used in any way.Wellness must-haves
There are a number of elements companies include in the offerings they provide to employees. Wellness programs vary by employer, as some see certain features as more important – and sometimes, less risky. According to the American Institute for Preventative Medicine, some of the most popular aspects of these initiatives include the following:
- Medical self-care.
- Disease prevention.
- Fitness.
- Smoking cessation.
- Stress management.
- Nutrition education.
- Weight control.
- Mental health programs.
While bodily health is always the first thing people think of in regards to wellness plans, the truth is that financial and social well-being is just as important. It's crucial for today's employers to include a wider range of services in their programs to ensure workers are being taken care of in a variety of aspects.
Although these initiatives offer better overall health to people, companies must be cognizant of how their offers may negatively affect employees. Some workers may be embarrassed by particular conditions, ailments or habits they have. Businesses, as a result, must take steps to ensure personal information is always protected and people feel secure in the workplace.
That's where the EEOC's newest guidance comes in. Here's what organizations need to know:
"The rules ensure companies are compliant with ADA and GINA regulations."
Information collection 101
As previously mentioned, every company's wellness program is different from the next. Some choose to gather data from their health plans. Doing so comes with its own requirements, which the EEOC is calling attention to. The organization has recently released two new rules that assist businesses in complying with the Americans with Disabilities Act (ADA) and Genetic Information Non Discrimination Act (GINA). Long story short: employers that want to collect information need to provide advance notice to their workers about how the materials will be used.
For the most part, medical information is taken from health risk assessments, biometric screenings and other tests of that nature. However, data collection usually cannot be gathered unless the program is considered voluntary for employees. This way, workers have an idea of what they're signing up for before agreeing to the wellness initiative. Many businesses offer incentives for participation in these plans – sometimes up to 30 percent of the cost of self-only coverage if they allow health information to be collected.
To be compliant with the two federal regulations, employers must provide both access to and confidentiality within their wellness plans. This means giving reasonable accommodations to workers with disabilities to take part in the programs, while also ensuring offering privacy to workers participating. To be compliant, companies must use the data they collect to give feedback on risk factors to customize plans to focus on specific conditions, according to SHRM.
"Triton Benefits can help companies follow ever-changing guidelines."
January 2017 implementation
The EEOC's rules are scheduled to go take effect for plan years beginning on or after January 1, 2017. Employers have plenty of time to fulfill their responsibility to provide advance notice to workers. The EEOC shared a sample notice companies can use, otherwise businesses can create one of their own. It's crucial, however, for employer-developed signage to include the necessary information required by the new regulations such as what data will be collected, how it will be used, who will receive it and how it will be kept confidential.
Organizations can distribute the notice in any means they see fit – handout, email or both – but best practice is to deliver the information 10 days to two weeks before an employee will participate in an HRA, give blood or be a member of a screening.
It can be difficult for companies and their HR teams to complete these requirements on their own, and maintain compliance with ever-changing regulations. Triton Benefits offers companies consultative services to ensure employers are in line with the law and offering the best level of wellness benefits to their workers.