Trustee Alert – Proposed GINA Amendment & Wellness Programs

Brownstein Hyatt Farber Schreck
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The Genetic Information Nondiscrimination Act (GINA) restricts employers from requesting or requiring employees to disclose genetic information. A narrow exception allows an employee to voluntarily accept health services offered by an employer, including those offered as part of a wellness program, in exchange for providing this information. The proposed amendment to GINA clarifies that an employee’s spouse may also provide health status information under this exception.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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