On October 30, 2015, the Equal Employment Opportunity Commission (EEOC) published Proposed Rules on the Genetic Information Nondiscrimination Act of 2008 (GINA). The Proposed Rules provide clarification about what incentives may be offered for spousal participation under employer-sponsored wellness programs without violating GINA. The Proposed Rules follow 2013’s HIPAA wellness rules and the EEOC’s proposed wellness rules under the Americans with Disabilities Act (ADA) from April 2015 and add yet another layer of complexity for employer-sponsored wellness programs.

The proposed ADA wellness regulations left some question about the permissibility of offering incentives for spousal participation in a wellness program. These Proposed Rules clarify that GINA does not prohibit employers from offering limited inducements (either rewards or penalties) if covered spouses provide information about their current or past health status, as long as certain requirements are met. Among other things, the Proposed Rules require that the provision of information must be voluntary and that the individual provide prior, knowing, voluntary and written (including electronic) authorization.