Page:United States Statutes at Large Volume 124.djvu/183

 124 STAT. 157 PUBLIC LAW 111–148—MAR. 23, 2010 to promote health or prevent disease that meets the applicable requirements of this subsection. ‘‘(B) NO CONDITIONS BASED ON HEALTH STATUS FACTOR.—If none of the conditions for obtaining a premium discount or rebate or other reward for participation in a wellness program is based on an individual satisfying a standard that is related to a health status factor, such wellness program shall not violate this section if participa- tion in the program is made available to all similarly situated individuals and the requirements of paragraph (2) are complied with. ‘‘(C) CONDITIONS BASED ON HEALTH STATUS FACTOR.— If any of the conditions for obtaining a premium discount or rebate or other reward for participation in a wellness program is based on an individual satisfying a standard that is related to a health status factor, such wellness program shall not violate this section if the requirements of paragraph (3) are complied with. ‘‘(2) WELLNESS PROGRAMS NOT SUBJECT TO REQUIRE- MENTS.—If none of the conditions for obtaining a premium discount or rebate or other reward under a wellness program as described in paragraph (1)(B) are based on an individual satisfying a standard that is related to a health status factor (or if such a wellness program does not provide such a reward), the wellness program shall not violate this section if participa- tion in the program is made available to all similarly situated individuals. The following programs shall not have to comply with the requirements of paragraph (3) if participation in the program is made available to all similarly situated individuals: ‘‘(A) A program that reimburses all or part of the cost for memberships in a fitness center. ‘‘(B) A diagnostic testing program that provides a reward for participation and does not base any part of the reward on outcomes. ‘‘(C) A program that encourages preventive care related to a health condition through the waiver of the copayment or deductible requirement under group health plan for the costs of certain items or services related to a health condition (such as prenatal care or well-baby visits). ‘‘(D) A program that reimburses individuals for the costs of smoking cessation programs without regard to whether the individual quits smoking. ‘‘(E) A program that provides a reward to individuals for attending a periodic health education seminar. ‘‘(3) WELLNESS PROGRAMS SUBJECT TO REQUIREMENTS.— If any of the conditions for obtaining a premium discount, rebate, or reward under a wellness program as described in paragraph (1)(C) is based on an individual satisfying a standard that is related to a health status factor, the wellness program shall not violate this section if the following requirements are complied with: ‘‘(A) The reward for the wellness program, together with the reward for other wellness programs with respect to the plan that requires satisfaction of a standard related to a health status factor, shall not exceed 30 percent of the cost of employee-only coverage under the plan. If, in