Federal - HR 1313

A bill to clarify rules relating to nondiscriminatory workplace wellness programs.

Introduced

March 2, 2017

Description

A bill to clarify rules relating to nondiscriminatory workplace wellness programs.

Our Position

Support

Original Sponsor 1

Co-Sponsors 5

Latest Actions See More/Less

  • Dec. 11, 2017 — House Energy and Commerce Committee and House Ways and Means Committee discharged pursuant to clause 2 of Rule XIII. Congressional Record p. H9788

  • Dec. 11, 2017 — Reported to the House amended by the House Education and the Workforce Committee and placed on the Union Calendar. H Rept 115-459, Pt. 1Congressional Record p. H9788

  • March 20, 2017 — Additional cosponsor(s): 1

    Garrett, (R-Va.)
  • March 17, 2017 — Additional cosponsor(s): 1

    Messer, (R-Ind.)
  • March 8, 2017 — Full committee consideration and markup held by the House Education and the Workforce Committee.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Sense of Congress on Lower Costs
      Adams, D-N.C. —

    Amendment to the Byrne, R-Ala., substitute amendment that would express a sense of Congress that "health insurance reform" should not be considered unless the Congressional Budget Office determines that such reform would be lower cost, more affordable, provides better coverage and does not increase the number of uninsured individuals.

    Amendment to the Byrne, R-Ala., substitute amendment that would express a sense of Congress that "health insurance reform" should not be considered unless the Congressional Budget Office determines that such reform would be lower cost, more affordable, provides better coverage and does not increase the number of uninsured individuals.

    Withdrawn.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Personal Information
      Espaillat, D-N.Y. —

    Amendment to the Byrne, R-Ala., substitute amendment that would prevent any employer that collects personal information as part of a workplace wellness program from using that information to discriminate against qualified individuals regarding job applications, compensation or other conditions of employment. It also would prevent the employer from transferring the information to another entity for any purpose.

    Amendment to the Byrne, R-Ala., substitute amendment that would prevent any employer that collects personal information as part of a workplace wellness program from using that information to discriminate against qualified individuals regarding job applications, compensation or other conditions of employment. It also would prevent the employer from transferring the information to another entity for any purpose.

    Rejected 17-22.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Sale of Personal Information
      Courtney, D-Conn. —

    Amendment to the Byrne, R-Ala., substitute amendment that would prevent information obtained as part of a workplace wellness program from being sold or transferred to any other entity for any purpose.

    Amendment to the Byrne, R-Ala., substitute amendment that would prevent information obtained as part of a workplace wellness program from being sold or transferred to any other entity for any purpose.

    Rejected 17-22.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Employee Consent
      Polis, D-Colo. —

    Amendment to the Byrne, R-Ala., substitute amendment that would prevent employers from selling or transferring information collected as part a workplace wellness program unless the employee provides consent.

    Amendment to the Byrne, R-Ala., substitute amendment that would prevent employers from selling or transferring information collected as part a workplace wellness program unless the employee provides consent.

    Rejected 17-22.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Family Members' Genetic Information
      Polis, D-Colo. —

    Amendment to the Byrne, R-Ala., substitute amendment that would strike a section of the bill that would allow employers to collect genetic information of an employee's family members as part of a wellness program.

    Amendment to the Byrne, R-Ala., substitute amendment that would strike a section of the bill that would allow employers to collect genetic information of an employee's family members as part of a wellness program.

    Rejected 17-22.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Safe Harbor
      R. Scott, D-Va. —

    Amendment to the Byrne, R-Ala., substitute amendment that would strike text in the bill that would consider employee wellness programs as health plans that are allowed to underwrite or make adjustments based on risk. The amendment would replace the provision with language that would stipulate that wellness plans are not considered bona fide health plans that qualify for the safe-harbor against underwriting.

    Amendment to the Byrne, R-Ala., substitute amendment that would strike text in the bill that would consider employee wellness programs as health plans that are allowed to underwrite or make adjustments based on risk. The amendment would replace the provision with language that would stipulate that wellness plans are not considered bona fide health plans that qualify for the safe-harbor against underwriting.

    Rejected 17-22.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Substitute Amendment
    Byrne, R-Ala. —

    Substitute amendment that would make clarifying technical changes to the bill.

    Substitute amendment that would make clarifying technical changes to the bill.

    Adopted by voice vote.

    March 8, 2017 — Committee Vote: Employee Wellness Plans — Vote to Report

    Allow employee wellness programs that are in compliance with wellness-program provisions of law that prevent discrimination in health plans based on health status to be considered in compliance with the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008, and provisions of federal law relating to collection of genetic information when it comes to health insurance discrimination based on health status.

    The bill would allow wellness programs to underwrite based on risk, and collect genetic information of family members if they are participating in the wellness program. The bill also would allow an employer to effectively require employees to participate in the program or a reasonable alternative standard.

    Allow employee wellness programs that are in compliance with wellness-program provisions of law that prevent discrimination in health plans based on health status to be considered in compliance with the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008, and provisions of federal law relating to collection of genetic information when it comes to health insurance discrimination based on health status.

    The bill would allow wellness programs to underwrite based on risk, and collect genetic information of family members if they are participating in the wellness program. The bill also would allow an employer to effectively require employees to participate in the program or a reasonable alternative standard.

    Ordered reported favorably to the full House (as amended) 22-17.
  • March 7, 2017 — Additional cosponsor(s): 2

    Mitchell, (R-Mich.)Stefanik, (R-N.Y.)
  • March 2, 2017 — Original cosponsor(s): 1

    Walberg, (R-Mich.)
  • March 2, 2017 — Read twice and referred to: House Education and the Workforce, House Energy and Commerce, House Ways and Means.Congressional Record p. H1527