On October 7th, new Genetic Information Nondiscrimination Act (GINA) regulations were released prohibiting the use of family history questions on a health risk assessments (HRAs) when incentives are involved. These new regulations have caused uproar by wellness professionals and wellness vendors alike. Recently, the ERISA Industry Committee and the American Benefits Council began urging employers to write regulators in November about the important role family medical history plays in HRAs, why incentives are key to wellness, disease management and other programs, and how the GINA rules can impede use of such programs and negatively affect efforts to improve health and control costs.
How to Comment: The Interim Final Rule was issued October 7, 2009, with a 60-day comment period. This rule is online, along with directions on how to send your comments to the relevant agencies, including the Department of Labor, the Department of Health and Human Services (HHS), and the Internal Review Service, at Prohibiting Discrimination Based on Genetic Information.
You can also go to the Federal eRulemaking Portal at www.regulations.gov, enter the ID number of the document (IRS-2008-0103) and then follow the instructions there to comment.
What are your thoughts and opinion on these new regulations? Will you be submitting a comment?