NT Lakis lawyers have submitted written comments to the Equal Employment Opportunity Commission (EEOC) in response to that agency’s proposal to amend its regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as they relate to employer wellness programs that are part of group health plans.
While our comments commend the EEOC for seeking to clarify that GINA allows employers to offer employees incentives based on a spouse’s participation in a wellness program, we express concern that the proposed rule would not permit the offer of wellness incentives in exchange for health information of an employee’s dependent children (adopted or biological).
In addition, we strongly urge the EEOC to revise its proposal consistent with the less restrictive “tri-agency” approach contained in the already existing wellness regulations adopted pursuant to the 2010 Affordable Care Act (ACA) and the Heath Insurance Portability and Accountability Act (HIPAA).