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ARTICLE · 04 NOVEMBER 2009

Is Your Wellness Program In Jeopardy For 2010?

McGuireWoods LLP
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On October 7, 2009, the Departments of Labor, Health and Human Services, and Treasury jointly issued interim final regulations regarding the Title I restrictions under the Genetic Information Nondiscrimination Act of 2008 (GINA).

United StatesEmployment and HR
Sally Doubet-King
Sally Doubet-King
Elizabeth Diller
Elizabeth Diller

On October 7, 2009, the Departments of Labor, Health and Human Services, and Treasury jointly issued interim final regulations regarding the Title I restrictions under the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA generally restricts the collection and use of genetic information by group health plans and insurers (Title I) and by employers and labor organizations (Title II).

This article focuses on how the new regulations for Title I of GINA will immediately affect employer-sponsored wellness programs tied to group health plans. Although just recently published, the Title I interim final regulations become effective for plan years beginning on or after December 7, 2009 (January 1, 2010 for calendar year plans) and carry significant penalties for violations under both GINA and related HIPAA compliance requirements.

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