H.R. 1313 — what changed

changed In general— Notwithstanding any other provision of law, a workplace wellness programs program and programs any program of health promotion or disease prevention offered by an employer in conjunction with an employer-sponsored health plan that meet complies with section 2705(j) of the requirements set forth in subparagraph (B) Public Health Service Act (42 U.S.C. 300gg–4(j)) (and any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury) shall be considered to be in compliance with—with the following provisions (to the extent such programs are subject to the Acts described in such provisions):

changed Program requirements—Safe harbor— The requirements referenced Notwithstanding any other provision of law, section 501(c)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2)) shall apply to any workplace wellness program or program of health promotion or disease prevention offered by an employer in subparagraph (A) are that—conjunction with an employer-sponsored health plan.

changed Other programs offering more favorable treatment for adverse health factors— Notwithstanding any other provision of law, a workplace wellness programs program and programs a program of health promotion or disease prevention offered by an employer that provide provides for more favorable treatment of individuals with adverse health factors as described in 45 CFR section 146.121(g) of title 45, Code of Federal Regulations (or any successor regulations) shall be considered to be in compliance with—

changed In general— Notwithstanding any other provision of law, a workplace wellness programs program and programs any program of health promotion or disease prevention offered by an employer that are not offered in conjunction with an employer-sponsored health plan that are is not described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j)) that meet the requirement set forth in subparagraph (B) shall be considered to be in compliance with—

changed Collection of information— Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member as part of a workplace wellness program described in paragraph (1) or (2) subsection (a) offered by an employer (or in conjunction with an employer-sponsored health plan described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j))) and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233). For purposes of the preceding sentence, the term family member has memberhas the meaning given such term in section 201 of the Genetic Information Nondiscrimination Act (Public Law 110–233).

changed Rule of construction— Nothing in subsection (a)(1)(A) shall be construed to prevent an employer that is offering a wellness program to an employee from requiring such employee, within 45 days from the date the employee first has an opportunity to earn a reward, to request a reasonable alternative standard (or waiver of the otherwise applicable standard). Nothing in subsection (a)(1)(A) shall be construed to prevent an employer from imposing a reasonable time period, based upon all the facts and circumstances, during which the employee must complete the reasonable alternative standard. Such a reasonable alternative standard (or waiver of the otherwise applicable standard) is provided for in section 2705(j)(3)(D) of the Public Health Service Act (42 U.S.C. 300 gg–4(j)(3)(D)) gg-4(j)(3)(D)) (and any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury).