Dear ACOEM Member:
 

The purpose of this letter is to ask for your help in a critical matter affecting occupational medicine and the future of wellness, prevention, and disease management programs. At issue are the recent regulations implementing Title I of the Genetic Information Nondiscrimination Act (GINA). These regulations would adversely impact wellness and disease management programs that are provided through group health plans by placing new restrictions on the use of health risk assessments (HRAs) and incentives for participation.
 

A second set of regulations related to employment practices under Title II of GINA is expected to be released shortly by the Equal Employment Opportunity Commission (EEOC). There is great trepidation that EEOC will conclude in the Title II regulation that a program will not be considered voluntary if an incentive is provided for participation, even one that complies with HIPAA.
 

This week I wrote to EEOC to express ACOEM’s concern that a misguided definition of "voluntary" in the regulation could severely impair the effectiveness of and participation in these programs in the workplace. As you well know, voluntary wellness programs, including incentives for completing an HRA, can provide significant benefits to the individual. Wellness, prevention, and disease management programs will improve the health and productivity of individuals and control our soaring health care costs. A copy of my letter to EEOC is available at www.acoem.org/comments.aspx?id=6507.
 

I urge you to submit a brief comment to EEOC. Your letter should include the following points:
 
  • EEOC should not restrict the use of incentives to encourage employees to participate in wellness programs, particularly the use of incentives for completing an HRA.
  • Wellness programs (including wellness, prevention, and disease management programs) are important opportunities to maintain health status, mitigate risk factors, and support individuals managing chronic conditions.
  • HRAs are a key tool in the implementation of wellness programs.
  • Incentives such as rebates, discounts and premium reductions are crucial tools for increasing HRA completion as well as participation in wellness programs.

Your letter should be faxed to:
 

Stuart J. Ishimaru
Acting Chairman
U.S. Equal Employment Opportunity Commission
131 M Street, NE
Washington, DC 20507
Fax (202) 663-4114

 

With copies faxed to:
 

Robert Kocher, MD, Special Assistant to the President,
National Economic Council, The White House
Fax (202) 456-4796
 

Ezekiel Emanuel, MD, Special Advisor for Health Policy,
Office of the Director, Office of Management and Budget
Fax (202) 395-3174
 

Please act quickly and provide a copy of your letter to Pat O’Connor, ACOEM’s Director of Government Affairs, at patoconnor@kentoconnor.com.
 

Thank you.
 
Sincerely,
 

Pamela Hymel, MD
President