Many companies have been operating wellness programs under the belief that when a participant’s medical history is used, no incentives/penalties can be tied to the program. Now th
e feds are saying that’s not the case.
In a recent informal guidance letter, the Equal Employment Opportunity Commission (EEOC) says employers and other entities covered by the Genetic Information Nondiscrimination Act (GINA) …
“may use the genetic information voluntarily provided by an individual to guide that individual into an appropriate disease management program.”
As far as incentives go:
“If that program offers financial incentives for participation and/or for achieving certain health outcomes, the program must also be open to employees with current health conditions and/or to individuals whose lifestyle choices put them at increased risk of developing a condition.”
This is good news for employers. It means you can collect genetic info (a.k.a., family medical history) and use it to help employees improve their health.
The catch: It has to be done on a voluntary basis. Employers must first obtain written authorization from a plan participant before requesting the individual’s genetic information.
In addition, while individualized genetic information may be provided to an individual receiving health services — and to his/her service providers — employers can only obtain genetic info in aggregate form (meaning it must be lumped together with other individuals’ info and not reveal the identity of specific participants).
Finally, employers cannot offer any financial inducement (rewards/penalties) for individuals to provide genetic info.
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