,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #acac  ,,in ,,the ,,house ,,of  
,,representatives  ,march #b1 #bjag,ms4 
,foxx 7for herself and ,mr4 ,walberg7   
introduced the following bill2 which was
 referred to the ,committee on          
,education and the ,workforce1 and in   
addition to the ,committees on ,energy  
and ,commerce1 and ,ways and ,means1 for
 a period to be subsequently determined 
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
clarify rules relating to               
nondiscriminatory workplace wellness    
programs4  #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 workplace wellness   
programs  7a7 ,uniformity across        
,federal agencies  7#a7 ,programs       
offered in conjunction with an          
employer-sponsored health plan  7,a7 ,in
 general ,notwithstanding any other     
provision of law1 workplace wellness    
programs and programs of health         
promotion or disease prevention offered 
by an employer in conjunction with an   
employer-sponsored health plan that meet
 the requirements set forth in          
subparagraph 7,b7 shall be considered to
 be in compliance with--  7i7 the       
acceptable examinations and inquiries   
set forth in section #ajb7;d77#d77;,b7  
of the ,americans with ,disabilities    
,act of #aiij 7#db ,u4,s4,c4            
#abaab7;d77#d77;,b772  7ii7 section     
#bgje7;d7 of the ,public ,health        
,service ,act 7#db ,u4,s4,c4            
#cjj;gg-#d7;d772 and  7iii7 section     
#bjb7;b77#b7 of the ,genetic            
,information ,nondiscrimination ,act of 

#bjjh 7#db ,u4,s4,c4                    
#bjjj;ff-#a7;b77#b774  7,b7 ,program    
requirements ,the requirements          
referenced in subparagraph 7,a7 are     
that-- 7i7 the programs described in    
such subparagraph comply with section   
#bgje7;j7 of the ,public ,health        
,service ,act 7#db ,u4,s4,c4            
#cjj;gg-#d7;j772  7ii7 any reward       
provided or offered by a program        
described in such subparagraph shall be 
less than or equal to the maximum reward
 amounts provided for by section        
#bgje7;j77#c77;,a7 of the ,public       
,health ,service ,act 7#db ,u4,s4,c4    
#cjj;gg-#d7;j77#c77;,a771 regardless of 
whether such programs are otherwise     
subject to such limitations2 and  7iii7 
the programs described in such          
subparagraph comply with any regulations
 promulgated with respect to section    
#bgje7;j7 of such ,act by the ,secretary
 of ,labor1 the ,secretary of ,health   
and ,human ,services1 or the ,secretary 
of the ,treasury4  7,c7 ,safe harbor    

,notwithstanding any other provision of 
law1 section #eja7;c77#b7 of the        
,americans with ,disabilities ,act of   
#aiij 7#db ,u4,s4,c4 #abbja7;c77#b77    
shall apply to workplace wellness       
programs or programs of health promotion
 or disease prevention offered by an    
employer in conjunction with an         
employer-sponsored health plan4  7#b7   
,other programs offering more favorable 
treatment for adverse health factors    
,notwithstanding any other provision of 
law1 workplace wellness programs and    
programs of health promotion or disease 
prevention offered by an employer that  
provide for more favorable treatment of 
individuals with adverse health factors 
as described in #de ,,cfr #adf4aba7;g7  
7or any successor regulations7 shall be 
considered to be in compliance with--   
7,a7 the acceptable examinations and    
inquiries set forth in section          
#ajb7;d77#d77;,b7 of the ,americans with
 ,disabilities ,act of #aiij 7#db       
,u4,s4,c4 #abaab7;d77#d77;,b772  7,b7   

section #bgje7;d7 of the ,public ,health
 ,service ,act 7#db ,u4,s4,c4           
#cjj;gg-#d7;d772 and  7,c7 section      
#bjb7;b77#b7 of the ,genetic            
,information ,nondiscrimination ,act of 
#bjjh 7#db ,u4,s4,c4                    
#bjjj;ff-#a7;b77#b774  7#c7 ,programs   
not offered in conjunction with an      
employer-sponsored health plan  7,a7 ,in
 general ,notwithstanding any other     
provision of law1 workplace wellness    
programs and programs of health         
promotion or disease prevention offered 
by an employer that are not offered in  
conjunction with an employer-sponsored  
health plan that are not described in   
section #bgje7;j7 of the ,public ,health
 ,service ,act 7#db ,u4,s4,c4           
#cjj;gg-#d7;j77 that meet the           
requirement set forth in subparagraph   
7,b7 shall be considered to be in       
compliance with--  7i7 the acceptable   
examinations and inquiries as set forth 
in section #ajb7;d77#d77;,b7 of the     
,americans with ,disabilities ,act of   

#aiij 7#db ,u4,s4,c4                    
#abaab7;d77#d77;,b772  7ii7 section     
#bgje7;d7 of the ,public ,health        
,service ,act 7#db ,u4,s4,c4            
#cjj;gg-#d7;d772 and  7iii7 section     
#bjb7;b77#b7 of the ,genetic            
,information ,nondiscrimination ,act of 
#bjjh 7#db ,u4,s4,c4                    
#bjjj;ff-#a7;b77#b774  7,b7 ,limitation 
on rewards ,the requirement referenced  
in subparagraph 7,a7 is that any reward 
provided or offered by a program        
described in such subparagraph shall be 
less than or equal to the maximum reward
 amounts provided for by section        
#bgje7;j77#c77;,a7 of the ,public       
,health ,service ,act 7#db ,u4,s4,c4    
#cjj;gg-#d7;j77#c77;,a771 and any       
regulations promulgated with respect to 
such section by the ,secretary of       
,labor1 the ,secretary of ,health and   
,human ,services1 or the ,secretary of  
the ,treasury4  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 as part
 of a workplace wellness program        
described in paragraph 7#a7 or 7#b7     
offered by an employer 7or in           
conjunction with an employer-sponsored  
health plan described in section        
#bgje7;j7 of the ,public ,health        
,service ,act 7#db ,u4,s4,c4            
#cjj;gg-#d7;j777 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 
term family member has the meaning given
 such term in section #bja of the       
,genetic ,information ,nondiscrimination
 ,act 7,public ,law #aaj-bcc74  7c7     
,rule of construction ,nothing in       
subsection 7a77#a77;,a7 shall be        
construed to prevent an employer that is
 offering a wellness program to an      

employee from requiring such employee1  
within #de days from the date the       
employee first has an opportunity to    
earn a reward1 to request a reasonable  
alternative standard 7or waiver of the  
otherwise applicable standard74 ,nothing
 in subsection 7a77#a77;,a7 shall be    
construed to prevent an employer from   
imposing a reasonable time period1 based
 upon all the facts and circumstances1  
during which the employee must complete 
the reasonable alternative standard4    
,such 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 7and any       
regulations promulgated with respect to 
such section by the ,secretary of       
,labor1 the ,secretary of ,health and   
,human ,services1 or the ,secretary of  
the ,treasury74