An employer may offer financial incentives to its employees for participating in employee wellness programs that receive health-related information, subject to certain limits.

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (the EEOC) issued final rules (the EEOC Rules, or the Rules) that provide guidance on how employer-sponsored wellness programs can comply with the Americans with Disabilities Act (the ADA) and the Genetic Information Nondiscrimination Act (GINA) while remaining consistent with the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (the ACA).