Albemarle County, Albemarle County Public Schools and Partner Agencies employee wellness program disclaimer, notice and protection of medical information

DISCLAIMER

Albemarle County (“County”), Albemarle County Public Schools (“ACPS”), and Charlottesville-UVA-Albemarle Emergency Communications Center, Albemarle Charlottesville Regional Jail, Blue Ridge Juvenile Detention, and Albemarle County Service Authority (herein collectively "Partner Agencies") employee wellness program and website, Be Well Albemarle (“Program”), is designed to be a resource for participants and site users and is intended for educational and informational purposes only.  It is not intended to replace or substitute for the services of trained professionals in any field, including but not limited to medical, legal or financial matters.  In particular, participants and site users should always consult a doctor or qualified health care provider before starting or changing health and wellness related activities.  Participation in and usage of the Program are strictly voluntary, and participants and users do so at their own risk.

In addition, the Program relies on the good faith participation of employees and their families, businesses, non-profits and third parties, which are not affiliated with the County, ACPS or Partner Agencies.  The County, ACPS and Partner Agencies make no representations or warranties of any kind relating to these entities.  The County, ACPS and Partner Agencies specifically disclaim any legal liability or responsibility for any harm, injury, or damage to a user as a result of participating in the Program or using this site. Program participants and website users agree to hold harmless the County, ACPS and Partner Agencies in any claim and for any loss or damages affiliated with the Program.  The County, ACPS and Partner Agencies neither endorse nor control any external websites linked to the Program website except for the County’s, ACPS’s and Partner Agencies own websites. The County, ACPS and Partner Agencies specifically disclaim any legal liability or responsibility for any harm, injury, or damage to a user as a result of visiting any external websites linked to this site.

NOTICE REGARDING WELLNESS PROGRAM

BeWell Albemarle is a voluntary wellness program available to employees of Albemarle County (“County”), Albemarle County Public Schools (“ACPS”), and Charlottesville-UVA-Albemarle Emergency Communications Center, Albemarle Charlottesville Regional Jail, Blue Ridge Juvenile Detention, and Albemarle County Service Authority (herein collectively "Partner Agencies"). The program is administered according to federal rules permitting employer-sponsored wellness programs that seek to improve employee health or prevent disease, including the Americans with Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and the Health Insurance Portability and Accountability Act, as applicable, among others. If you choose to participate in the wellness program you may be asked to complete a voluntary health risk assessment or "HRA" that asks a series of questions about your health-related activities and behaviors and whether you have or had certain medical conditions (e.g., cancer, diabetes, or heart disease). You may also be asked to complete a biometric screening, which could include a blood test for cholesterol, triglycerides and glucose measurement. You are not required to complete the HRA or to participate in the blood test or other medical examinations.

However, employees who choose to participate in the wellness program may receive an incentive or be entered into a prize drawing for completion. Although you are not required to complete the HRA or participate in the biometric screening, only employees who do so will be eligible to receive an incentive.

Additional incentives and/or prize drawings may be available for employees who participate in certain health-related activities such as activity tracker challenges. If you are unable to participate in any of the health-related activities or achieve any of the health outcomes required to earn an incentive, you may be entitled to a reasonable accommodation or an alternative standard. You may request a reasonable accommodation or an alternative standard by contacting the program at bewell@albemarle.org or 296-5827.

The information from your HRA and the results from your biometric screening will be used to provide you with information to help you understand your current health and potential risks, and may also be used to offer you services through the wellness program, such as health coaching or educational opportunities. You also are encouraged to share your results or concerns with your own doctor.

PROTECTIONS FROM DISCLOSURE OF MEDICAL INFORMATION

We are required by law to maintain the privacy and security of your personally identifiable health information. Although the wellness program, the County, ACPS and Partner Agencies may use aggregate information collected to design a program based on identified health risks in the workplace, BeWell Albemarle will never disclose any of your personal information either publicly or to the employer, except as necessary to respond to a request from you for a reasonable accommodation needed to participate in the wellness program, or as expressly permitted by law. Medical information that personally identifies you that is provided in connection with the wellness program will not be provided to your supervisors or managers and may never be used to make decisions regarding your employment.

Your health information will not be sold, exchanged, transferred, or otherwise disclosed except to the extent permitted by law to carry out specific activities related to the wellness program, and you will not be asked or required to waive the confidentiality of your health information as a condition of participating in the wellness program or receiving an incentive. Anyone who receives your information for purposes of providing you services as part of the wellness program will abide by the same confidentiality requirements. The only individual(s) who will receive your personally identifiable health information are healthcare professionals such as a doctor, nurse or health coach in order to provide you with services under the wellness program.

In addition, all medical information obtained through the wellness program will be maintained separate from your personnel records, information stored electronically will be encrypted, and no information you provide as part of the wellness program will be used in making any employment decision. Appropriate precautions will be taken to avoid any data breach, and in the event a data breach occurs involving information you provide in connection with the wellness program, we will notify you immediately.

You may not be discriminated against in employment because of the medical information you provide as part of participating in the wellness program, nor may you be subjected to retaliation if you choose not to participate.
If you have questions or concerns regarding this notice, or about protections against discrimination and retaliation, please contact Human Resources at humanresources@albemarle.org or 296-5827.