When an Employer Wellness Program Seeks a Person’s Medical/Genetic Information: New Federal Rule

The EEOC (Equal Employment Opportunity Commission) has issued a new rule as part of its jurisdiction over GINA (Genetic Information Nondiscrimination Act). The issue: Some employers pressure employees to share medical information about a spouse as part of an employer sponsored wellness program. Here is what the federal agency now says: “[The] EEOC's proposed rule addresses the extent to which an employer may offer incentives for an employee's spouse to provide information about his or her current or past health status as part of an employer-sponsored wellness program, when he or she participates in the employer's health plan. The proposed rule clarifies that an employer may offer, as a part of its health plan, a limited incentive to an employee whose spouse is covered under the employee's health plan; receives health or genetic services offered by the employer, including as part of a wellness program; and provides information about his or her current or past health status. The limited incentive may take the form of a reward or penalty and may be financial or in-kind (e.g., time-off awards, prizes, or other items of value). The total incentive for an employee and spouse to participate in a wellness program that is part of a group health plan and collects information about current or past health status may not exceed 30 percent of the total cost of the plan in which the employee and any dependents are enrolled." For more information, see here.