Leaks are a great tool for Washington to use to test the waters. To get reactions that other methods may not necessarily produce. While a FAQ published by the office of Health and Human Services may not necessarily qualify as a Washington leak, it does give our federal regulatory agency an opportunity to test the waters with proposed regulations. Referred by some as sub-regulatory guidance, FAQs are a useful way for the government to test proposed regulation.
http://cciio.cms.gov/resources/factsheets/aca_implementation_faqs5.html#nondiscrimination
Nondiscrimination Based on a Health Factor and Wellness Programs (HCR) within HHS 5th release of FAQ on (HCR) offer users some guidance on the use of wellness programs and incentives. These are not final regulations but sub-regulatory guidance. Read with care.
