New federal standards for wellness programs were recently unveiled.

Some local employers believe they have met a new U.S. Equal Employment Opportunity Commission standard regarding employee wellness programs that requests health information.

Both Western Kentucky University and Graves-Gilbert Clinic officials said this week that their wellness programs are in compliance with a new EEOC standard that mandates employee health information gathered for wellness programs is only used for those programs. The other wrinkles of the new standard include a required notice to the employee that the wellness program must be voluntary and incentives tied to the medical information can’t exceed 30 percent of what it costs an individual to pay for their employee health coverage.

The new rule applies to wellness programs as of the first day of the first health plan year that begins on or after Jan. 1.

The voluntary participation mandate tracks with the federal Americans with Disabilities Act – which generally prohibits employers from requesting and using information about employees’ health conditions. Employers are allowed, however, to ask health-related questions and conduct medical examinations – such as biometric screenings to determine risk factors, noted Michael Henckel, associate editor at J.J. Keller & Associates, a compliance resource company, in a recent email.

“There are three pillars,” said Craig Heckman, assistant administrator for Graves-Gilbert Clinic in Bowling Green. “The first is the program is voluntary. Second, the incentive cannot be punitive and third, information gathered from employees for wellness programs can’t be used for anything else but wellness programs.”

Heckman said Graves-Gilbert has been tracking the development of the EEOC rules for some time. “The rules (change) will not have a big impact on us,” Heckman said. Heckman said there are 700 full-time employees at GGC.

He said Graves-Gilbert employees participating in the company wellness program have an option to elect to have personal health information compiled through the wellness program placed on their medical chart for a family physician.

Wayne Pickard, employee wellness manager for WKU, said there are roughly 2,800 people eligible for the WKU wellness program and 93 percent of those eligible participate. Employees indicate participation during the October enrollment period. They can voluntarily make the “Top Life Pledge,” which is a personal commitment to certain wellness activities. In turn, WKU puts money into their health savings account or health reimbursement arrangement.

“When we designed the incentive structures, we took into account the 2013 federal regulations,” Pickard said. He added the most recently released EEOC rules regarding wellness programs “were no big surprise.”

— Follow business reporter Charles A. Mason @BGDNbusiness or visit bgdailynews.com.