On October 30, 2015, the EEOC issued proposed rules that would amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008 as they relate to employer wellness programs. The proposed regulations address the extent to which an employer may offer an employee incentives for the employee’s spouse (who is also a participant in the employer’s health plan) to provide information about their current or past health status. This would be done as part of a health risk assessment administered in connection with the employer’s offer of health services as part of an employer-sponsored wellness program. Several technical changes to the existing regulation are also proposed. More information is provided in the link above.
The comment period was scheduled to end on December 29, 2015. In response to stakeholders’ request for an extension, the comment period will end January 28, 2016. Click here for more information on how to submit comments.