A law signed by Texas Governor Greg Abbott will provide limitation on liability for employers who establish and maintain employee wellness programs. Recognizing the adverse impact wellness compliance uncertainty is having on corporate wellness adoption, the Texas legislature passed H.B. 2390, which will prohibit civil liability for the establishment of an employee wellness program unless the program is deemed discriminatory or the lawsuit is based on intentional or reckless conduct.<\/p>\n
Specifically, H.B. 2390 amends the Texas Civil Practice and Remedies Code by defining an employee wellness program as a \u201cprogram established by an employer that provides an incentive to an employee that promotes wellness or a healthy lifestyle.\u201d It also states that \u201ca civil action may not be brought against an employer for establishing, maintaining, or requiring participation in an employee wellness program unless: (1) the program discriminates on the basis of a prior medical condition, gender, age, or income level; or (2) the cause of action is based on intentional or reckless conduct.\u201d Section 142A.002 further provides that \u201c[t]his section does not create a cause of action or expand an existing cause of action.\u201d<\/p>\n