"The ADA proposed rule maintains the spirit of the EEOC's basic position on voluntariness -- allowing too high an incentive would make employees feel coerced to disclose protected medical information. But, by modifying an earlier position on the ADA 'safe harbor,' the EEOC proposes to more closely harmonize its position with the ACA/HIPAA rules.... The GINA proposed rule would permit an employer to provide an incentive to employees in return for their family members' providing information about the family members' manifestation of diseases or disorders, provided that: [1] the incentive is de minimis (see discussion of ADA proposed rules), and [2] the other rules for offering health or genetic services are satisfied, including satisfying the authorization requirement."

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