Notice requirement under Title I of the ADA, 29 CFR 1630.14(d)(2)(iv)

Forms and Documents

Document Name	Status
ADA wellness supporting statement rev 5.13.15.doc Supporting Statement A	2015-05-18

IC Document Collections

IC ID	Document Title	Status
216107	Notice requirement under Title I of the ADA, 29 CFR 1630.14(d)(2)(iv)	New

ICR Details

OMB Control No: 3046-0047	ICR Reference No: 201504-3046-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EEOC	Agency Tracking No:
Title: Notice requirement under Title I of the ADA, 29 CFR 1630.14(d)(2)(iv)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 06/03/2015
	Date Received in OIRA: 04/20/2015
Terms of Clearance: The agency will respond to comments received on the ICR in the final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Employee health programs offered by employers must comply with laws enforced by the EEOC, including Title I of the Americans with Disabilities Act (ADA) which restricts the medical information employers may obtain from applicants and employees and makes it illegal to discriminate against individuals based on disability. The ADA provides that covered entities may conduct voluntary medical examinations, including voluntary medical histories, as part of a workplace wellness program. Many employers encourage participation in wellness programs by offering rewards to employees who provide their medical information or penalizing those who do not. Neither the statute nor EEOC's current regulations, however, address the extent to which financial and other incentives affect the voluntary nature of a wellness program. The proposed rule, including the third-party disclosure requirement, seeks to clarify what makes a wellness program voluntary.

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Authorizing Statute(s): US Code: 42 USC 12101 Name of Law: Americans with Disabilities Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3046-AB01	Proposed rulemaking	80 FR 21659	04/20/2015

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Notice requirement under Title I of the ADA, 29 CFR 1630.14(d)(2)(iv)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The third-party disclosure required by the proposed rule will ensure that employees either choose to voluntarily disclose medical information that employers would otherwise generally be prohibited from obtaining or decline to do so. The burden associated with creating a notice to employees is anticipated to be a one-time burden. Once employers have crafted the notice, they would be able to annually redistribute the same notice to all relevant employees, and would only need to develop a new notice if they chose to collect medical information for a different purpose than that described or changed the type or amount of medical information collected. We believe any burden associated with redistribution of the notice would be negligible.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Yes

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/20/2015

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