Page:United States Statutes at Large Volume 124.djvu/609

124 STAT. 583 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘PART U—EMPLOYER-BASED WELLNESS PROGRAM ‘‘SEC. 399MM. TECHNICAL ASSISTANCE FOR EMPLOYER -BASED WELLNESS PROGRAMS. ‘‘In order to expand the utilization of evidence-based prevention and health promotion approaches in the workplace, the Director shall— ‘‘(1) provide employers (including small, medium, and large employers, as determined by the Director) with technical assist- ance, consultation, tools, and other resources in evaluating such employers’ employer-based wellness programs, including— ‘‘(A) measuring the participation and methods to increase participation of employees in such programs; ‘‘(B) developing standardized measures that assess policy, environmental and systems changes necessary to have a positive health impact on employees’ health behav- iors, health outcomes, and health care expenditures; and ‘‘(C) evaluating such programs as they relate to changes in the health status of employees, the absenteeism of employees, the productivity of employees, the rate of workplace injury, and the medical costs incurred by employees; and ‘‘(2) build evaluation capacity among workplace staff by training employers on how to evaluate employer-based wellness programs by ensuring evaluation resources, technical assist- ance, and consultation are available to workplace staff as needed through such mechanisms as web portals, call centers, or other means. ‘‘SEC. 399MM–1. NATIONAL WORKSITE HEALTH POLICIES AND PRO - GRAMS STUDY. ‘‘(a) IN GENERAL.—In order to assess, analyze, and monitor over time data about workplace policies and programs, and to develop instruments to assess and evaluate comprehensive work- place chronic disease prevention and health promotion programs, policies and practices, not later than 2 years after the date of enactment of this part, and at regular intervals (to be determined by the Director) thereafter, the Director shall conduct a national worksite health policies and programs survey to assess employer- based health policies and programs. ‘‘(b) REPORT.—Upon the completion of each study under sub- section (a), the Director shall submit to Congress a report that includes the recommendations of the Director for the implementa- tion of effective employer-based health policies and programs. ‘‘SEC. 399MM–2. PRIORITIZATION OF EVALUATION BY SECRETARY. ‘‘The Secretary shall evaluate, in accordance with this part, all programs funded through the Centers for Disease Control and Prevention before conducting such an evaluation of privately funded programs unless an entity with a privately funded wellness program requests such an evaluation. ‘‘SEC. 399MM–3. PROHIBITION OF FEDERAL WORKPLACE WELLNESS REQUIREMENTS. ‘‘Notwithstanding any other provision of this part, any rec- ommendations, data, or assessments carried out under this part 42 USC 280l–3. 42 USC 280l–2. Deadline. Determination. 42 USC 280l–1. 42 USC 280l.