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Wellness Program Notice (ADA/EEOC)

Explains what health information the wellness program collects, how it's used, and confidentiality protections. Provide before employees complete an HRA or biometric screening.

Companies Eligible

Employers with 15+ employees whose wellness program asks disability-related questions or requires a medical exam — health risk assessments and biometric screenings.

Programs that only ask for an activity (a step challenge, attending a class) do not need it. The trigger is collecting health information.

What it is

The EEOC sample notice tells employees what medical information the program collects, who will receive it, how it will be used, how it is kept confidential, and that participation is voluntary. It exists so participation is informed.

What needs to be done

  • When: Before the employee provides any health information, with enough time to decide whether to participate — send it with the HRA or screening invitation.
  • To whom: Every employee invited to the program (spouses if the program collects their information).
  • Who performs: Employer or the wellness vendor.
  • Customize: Program name, the information collected, who receives the data (the vendor), and the confidentiality measures.
  • Deliver: With the program materials, in a format the employee is reasonably likely to understand.
  • Keep: The notice version and date for each program year.

As of September 2026 the EEOC has not issued replacement incentive rules; the 2016 rules remain in force minus the vacated incentive limits, and the notice requirement stands. Keep incentives tied to medical exams modest and confirm the design with HR or counsel.

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