NY A00799

Establishes the "Wellness Program Privacy Act" to regulate how employers with 50+ employees and insurers collect and use personal information from wellness program participants.

Requires insurers and employers to limit collection, use, and retention of personal information to what is reasonably necessary to operate the wellness program, and prohibits sharing personal information with third parties.

Mandates insurers and employers provide written explanations to participants regarding all data collected, data sharing practices, and participant rights under federal and state law.

Prohibits retaliatory or adverse actions against employees or enrollees who do not participate in wellness programs, including denial of coverage, employment termination, or premium increases; limits total wellness incentives to amounts deemed non-coercive by the superintendent.

Provides consumers with private right of action for violations, allowing recovery of up to $750 per incident or actual damages (whichever is greater), plus attorney's fees; authorizes attorney general and insurance department to pursue civil enforcement with penalties up to $7,500 per intentional violation and $2,500 per unintentional violation.