Genetic Information Nondiscrimination Act (GINA) Compliance Update
GINA Mandate Compliance Options for Employers
As you may be aware, on October 7, 2009, the federal government issued regulations related to the Genetic Information Nondiscrimination Act (GINA). These rules, which became effective on December 7, 2009, include limits on requesting genetic information, such as family history in a health risk assessment (HRA), in certain circumstances.
In response to GINA, we have been working with our health risk assessment partner, Healthways, Inc. (Healthways), to remove family history questions from our health risk assessment.
For health risk assessments taken after November 12
Healthways has removed the family history questions from health risk assessments as of November 12. As of that date, any member who completes a health risk assessment after November 12 will not be asked questions related to family history.
For health risk assessments taken prior to November 12
Federal regulators have provided employers with five suggestions for "in-flight" campaigns where health risk assessments with family history questions have already been completed by employees:
1. Reward every employee in the plan (irrespective of whether a health risk assessment was completed);
2. Reward no employees in the plan (irrespective of whether a health risk assessment was completed);
3. Have employees take (or retake, as applicable) the updated health risk assessment, which has had the family history questions removed, and reward employees as originally planned;
4. Issue rewards to employees prior to December 31, 2009, where such rewards are based on health risk assessments containing family history questions;
5. For employers that required the completion of multiple activities in order for employees to obtain rewards, change the rewards program so that rewards to employees will not be distributed for completing a health risk assessment, but will be distributed to employees for other wellness activities, provided that all employees have been given a meaningful opportunity to participate in the newly designed reward program.
If you have any questions about GINA's effect on your health plan(s) or employees, please contact your account executive.
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