[Official Guidance]

Text of EEOC Proposed Regs on Genetic Information Nondiscrimination Act of 2008 and Employer Wellness Programs
35 pages. "The proposed regulations address the extent to which an employer may offer an employee inducements for the employee's spouse who is also a participant in the employer's health plan to provide information about the spouse's current or past health status as part of a health risk assessment administered in connection with the employer's offer of health services as part of a n employer-sponsored wellness program. Several technical changes to the existing regulation are also proposed.

"The proposed regulations would clarify that GINA does not prohibit employers from offering limited inducements (whether in the form of rewards or penalties avoided) for the provision by spouses (covered by the employer's group health plan) of information about their current or past health status as part of a HRA, which may include a medical questionnaire, a medical examination (e.g., to detect high blood pressure or high cholesterol), or both, as long as the requirements of 29 CFR 1635.8(b)(2)(i) are satisfied. These requirements include that the provision of genetic information be voluntary and that the individual from whom the genetic information is being obtained provides prior, knowing, voluntary, and written authorization, which may include authorization in electronic format.

"The Commission further proposes to add ... a requirement that any health or genetic services in connection with which an employer requests genetic information be reasonably designed to promote health or prevent disease. The revisions also prohibit conditioning participation in a wellness program or any inducement on an individual, or an individual's spouse or family member, waiving GINA's confidentiality provisions."

(U.S. Equal Employment Opportunity Commission)