Companies that use wearables as part of their workplace wellness programs may soon have to make room for another player: The federal government.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a proposed rule that would amend parts of the Americans with Disabilities Act (ADA) of 1990 as it relates to wellness programs used by more than half a million U.S. companies. Public comments are being accepted through today.

At issue is the data that's collected from wearables and whether it qualifies as simple health data -- such as the number of steps a person takes each day for a wellness program -- or medical data, such as a person's heart rate. The latter could be held to higher levels of privacy something that companies say could endanger their wellness programs.

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Annoyance at some firms about what is seen as another layer of federal bureaucracy added atop rules already in place through the Affordable Care Act and HIPAA. "Employers are up in arms about this proposed rule," said Timothy Collins, a lawyer specializing in employee benefits with the law firm Duane Morris LLP. "I think wearables would be subject to the rule, especially if employers are handing them out for free and using them to gather data on the habits of workers."

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