,,ii #aadth ,,congress #ast ,session ,s4 #fbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #b1 #bjae,mr4 ,alexander 7for himself1 ,mr4 ,isakson1 ,mr4 ,hatch1 ,mr4 ,scott1 ,mr4 ,roberts1 and ,mr4 ,enzi7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to clarify rules relating to nondiscriminatory employer wellness programs as such programs relate to premium discounts1 rebates1 or modifications to otherwise applicable cost sharing under group health plans4 #a4 ,short title ,this ,act may be cited as the ,preserving ,employee ,wellness ,programs ,act4 #b4 ,findings ,congress finds that-- 7#a7 ,congress has a strong tradition of protecting and preserving employee workplace wellness programs1 including programs that utilize a health risk assessment1 biometric screening1 or other resources to inform and empower employees in making healthier lifestyle choices2 7#b7 health promotion and prevention programs are a means to reduce the burden of chronic illness1 improve health1 and limit the growth of health care costs2 7#c7 in enacting the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 ,congress intended that employers would be permitted to implement health promotion and prevention programs that provide incentives1 rewards1 rebates1 surcharges1 penalties1 or other inducements related to wellness programs1 including rewards of up to #ej percent off of insurance premiums for employees participating in programs designed to encourage healthier lifestyle choices2 and 7#d7 ,congress has struck an appropriate balance among employees1 health care providers1 and wellness plan sponsors to protect individual privacy and confidentiality in a wellness program which is designed to improve health outcomes4 #c4 ,nondiscriminatory employee wellness programs 7a7 ,offering of program rewards 7#a7 ,in general ,notwithstanding any other provision of law1 workplace wellness programs1 or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan1 described in section #bgje7;j7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#d7;j771 shall not violate the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 or title ,i or ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7,public ,law #aaj-bcc7 because such program provides any amount or type of reward 7as provided for in section #bgje7;j77#c77;,a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj gg-#d7;j77#c77;,a777 to program participants if such program complies with such section #bgje7;j7 7or any regulations promulgated with respect to such section by the ,secretary of ,labor1 the ,secretary of ,health and ,human ,services1 and the ,secretary of the ,treasury74 7#b7 ,application of subsection ,with respect to workplace wellness programs1 or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan1 described in section #bgje7;j77#a77;,b7 or section #bgje7;j77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#d7;j77#a77;,b7 or 7j77#b771 this subsection shall apply if the reward with respect to such programs is less than or equal to the maximum reward amounts provided for by section #bgje7;j77#c77;,a7 of such ,act 7#db ,u4,s4,c4 #cjj;gg-#d7;j77#c77;,a77 7or any regulations promulgated with respect to such section by the ,secretary of ,labor1 the ,secretary of ,health and ,human ,services1 and the ,secretary of the ,treasury74 7b7 ,collection of information ,notwithstanding any other provision of law1 the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member participating in workplace wellness programs1 or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan1 described in section #bgje7;j7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#d7;j771 and shall not violate title ,i or title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7,public ,law #aaj-bcc74 ,for purposes of the preceding sentence1 the terms family members and manifestation shall have the meanings given such terms for purposes of title ,i or ,,ii of the ,genetic ,information ,nondiscrimination ,act 7,public ,law #aaj-bcc71 or the amendments made by such titles1 as appropriate4 7c7 ,rules of construction 7#a7 ,relating to the ,,ada ,nothing in this ,act shall be construed to limit or otherwise restrict the application of section #eja7;c77#b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbja7;c77#b77 to any programs or arrangements described in this ,act4 7#b7 ,relating to employer deadlines ,nothing in the regulations referred to in subsection 7a7 shall be construed to prevent an employer that is offering a wellness program to an employee from establishing a deadline of up to #ahj days for employees to request and complete a reasonable alternative standard 7or waiver of the otherwise applicable standard74 ,a reasonable alternative standard 7or waiver of the otherwise applicable standard7 is provided for in section #bgje7;j77#c77;,d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj gg-#d7;j77#c77;,d77 7or any regulations promulgated with respect to such section by the ,secretary of ,labor1 the ,secretary of ,health and ,human ,services1 and the ,secretary of the ,treasury74 #d4 ,effective date ,this ,act shall take effect as if enacted on ,march #bc1 #bjaj1 and shall apply to the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and the ,genetic ,information ,nondiscrimination ,act of #bjjh 7,public ,law #aaj-bcc71 including the amendments made by such ,acts4