It’s not just us. The pending EEOC wellness rule change has become a large enough concern that BenefitsPro devoted their lead article last week to the topic. The article, entitled "The EEOC isn’t taking action on wellness regulations, but employers certainly can," features extensive commentary by Quizzify CEO, Al Lewis, and highlights Quizzify as a relevant solution. Here are a few excerpts.
"The current wellness regulations will sunset in January 2019, and the EEOC has made no move to institute new ones, leaving employers in limbo."
Brokers and consultants are beginning to recognize the inevitable:
"'It is possible that there will be no clear resolution of this dispute in time for employers to plan their 2019 benefits and wellness strategy,' according to Parker, Smith & Feek, a Bellevue, Washington-based insurance brokerage and employee benefits firm. 'In that case, employers will need to make a decision. Should they continue with current programs, considering the risk of EEOC enforcement or private legal action, or should affected employers come up with a plan B?'"
And what might that “Plan B” to replace the Safe Harbor entail? Why, employer indemnification by vendors, of course…which is exactly what Quizzify currently offers:
"To that end, Quizzify and several other vendors are offering voluntary alternatives that don’t involve medical inquiries or medical exams—such as health literacy training, distribution of Fitbits or similar wearables or participation in online health education games.
"According to Quizzify’s website, doing so 'makes screenings/HRAs truly voluntary, and removes your program from EEOC jurisdiction. We indemnify you (or if you are a vendor, your customers) for any adverse judgments on cases brought by employees claiming that your wellness program includes 'involuntary medical exams or inquiries' as defined under ADA or GINA.'"