Bill > A01911

This bill establishes the Wellness Program Privacy Act, which creates comprehensive privacy protections for participants in wellness programs offered by employers and insurers. The legislation defines key terms and sets strict guidelines for collecting, using, and protecting personal information gathered through wellness programs. Employers and insurers are required to limit data collection to only what is necessary for program administration, prohibit sharing personal information with third parties, and delete or de-identify participant data after program completion. The bill mandates transparency, requiring organizations to provide participants with a written explanation of data collection practices and participant rights. Importantly, the act prohibits discriminatory or retaliatory actions against individuals who choose not to participate in wellness programs and caps wellness program incentives to prevent coercion. Participants are granted the right to access their data, challenge its accuracy, and seek legal recourse for violations, with potential damages up to $750 per incident or the actual increased insurance costs. The bill also empowers the attorney general and state department to enforce these provisions, with civil penalties ranging from $2,500 for unintentional violations to $7,500 for intentional misconduct, providing robust protection for individuals' privacy in workplace and insurance wellness programs.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A1911