On November 26, 2012, the U.S. departments of Treasury, Labor, and Health and Human Services published a new proposed rule that would change the HIPAA wellness program regulations. 77 Fed. Reg. 70620

At first glance, it may appear that the proposed rule is very similar to the existing wellness rule. However, a number of changes could have significant impacts on how wellness programs are designed and administered, including:

• New limits on incentives;
• Restrictions around physician verification;
• Expansion of the reasonable alternative requirement;
• New guidelines for what is a “reasonable” program; and
• Updated language for wellness program communications. 

Employers, insurers and service providers that offer or work with wellness programs should consider whether to comment on the proposed rule and should watch for a final rule and any future guidance in 2013, in order to be ready for compliance in 2014. Comments are due January 25, 2013. 

Visit this Groom Law Group webpage for a comprehensive discussion of the new proposed rules.

This article has been posted with permission from Groom Law Group, Chartered. Groom Law Group is a Washington, DC-based law firm of 60 attorneys that focuses exclusively on employee benefits issues. More information about the firm and its attorneys can be found at www.groom.com.