BofA Wellness Notice

The Bank of America Wellness Program is a voluntary wellness program available to all employees enrolled in an eligible Bank of America medical plan and covered spouses, partners or other adult dependents. 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 and your covered spouse/partner choose to participate in the wellness program you will be asked to complete three voluntary wellness activities, – a health questionnaire, a biometric health screening, and an attestation that you have a primary care provider (PCP) and have had an annual physical with your PCP in the last 12 months. The questionnaire, often referred to as a health risk assessment or “HRA”, 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). The biometric health screening includes a non-fasting blood test for total cholesterol. The PCP/Annual Physical attestation is an electronic confirmation that you have a primary care provider (PCP) and have had an annual physical with your PCP in the last 12 months. You and your spouse/ partner are not required to complete the wellness activities. However, employees and covered spouses/partners who choose to complete and submit the health questionnaire and biometric health screening activities will each receive a $250 credit, for a total of $500, toward your annual medical plan premium. For those who also choose to complete the PCP attestation, they will each receive an additional $250 for a total of $1,000 toward your annual medical premium. Although you are not required to complete the voluntary wellness activities only employees and covered spouses/partners who do so will maintain $500 credit toward annual medical plan premiums.

Additional incentives and/or surcharges may be included for employees and/or covered spouse/partners who do or do not participate in certain health-related activities or achieve certain health outcomes such as quitting tobacco use. 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 Global HR Service Center at 800.556.6044.

The information from your health questionnaire and the results from your biometric health 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 and condition management. You also are encouraged to share your results or concerns with your own provider.

We are required by law to maintain the privacy and security of your personally identifiable health information. Although Bank of America may use aggregate information collected to design programs based on identified health risks in the workplace, the wellness program administrators will never disclose any of your personal information either publicly or back to Bank of America, 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 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 individuals who will receive your personally identifiable health information are health coaches or nurses who work for your insurance carrier or other third parties who have developed specific programs for Bank of America employees 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 the Global HR Service Center at 800.556.6044.