New Genetic Information Nondiscrimination Regulations Require Wellness Program and Health Plan Review

October 15, 2009
Recently issued regulations under the Genetic Information Nondiscrimination Act of 2008 (“GINA”) substantially limit employers’ (and their plan vendors’) ability to conduct pre-enrollment health risk assessments and to provide incentives to employees for completing health risk assessments. The new regulations, issued jointly by the Treasury, Labor, and Health and Human Services Departments, clarify the breadth of these prohibitions and require many group health plans to revise their health risk assessment and wellness programs in order to avoid violating GINA. This update examines the regulations and their implications for such programs and group health plan review.