SIMERPU RESEARCH · SOURCE RECAP

Incentives for Nondiscriminatory Wellness Programs in Group Health Plans

SIMERPU recap and commentary: Mardy Gould

Opened — main text retrieved

Quick recap

Defines and regulates participatory and health-contingent wellness programs under nondiscrimination rules. Relevant background for program structure, not a general exemption for wellness cash payments.

SIMERPU’s viewpoint

The rule provides important background for distinguishing participatory and health-contingent wellness designs. SIMERPU would use that distinction to explain participation conditions and employee access, while evaluating payment tax treatment separately. Understanding the purpose of each rule makes program education more accurate and useful.

What this source contributes

The rule supplies the framework for distinguishing participatory and health-contingent wellness programs.

What remains unanswered

That classification addresses its own regulatory purpose and does not by itself establish the income or payroll-tax treatment of a payment.

Mardy Gould’s take

I would want the employer to understand what participation means for its employees. What must someone do, what alternatives exist and how is access explained? Once that is clear, I would examine the payment treatment separately. Using the right category is helpful when the rest of the explanation remains equally precise.

Questions I would bring to the conversation

1. What conditions determine participation or reward eligibility?

2. Which wellness category describes the actual program?

3. What separate explanation supports the treatment of any payment?

Mardy Gould · Co-Founder, SIMERPU →

What would change our assessment?

Different participation conditions could change the classification analysis; payment-tax conclusions still need their own factual and legal basis.

Read the original source

The original author and publisher are credited below. Continue to their article, document or source page for the complete context.

Original Author: Internal Revenue Service, Employee Benefits Security Administration, Department of Health and Human Services

Publisher: Federal Register

Original Publication Date: 2013-06-03

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About this source

Original Updated Date: Not stated

Source Type: Government — regulation / rulemaking

Model Discussed: Participatory versus health-contingent wellness; nondiscrimination

Position: Neutral / explanatory

Period: Historical — through 2022

Retrieved: October 31, 2026

Research and date notes

Historical final rule. Wellness nondiscrimination compliance is a separate question from income/FICA exclusion.

Each record identifies the material retrieved. SIMERPU’s viewpoint and Mardy Gould’s take are editorial commentary; the source-position label describes the original source’s stance. Read the original and its qualifications when evaluating a particular arrangement.