GINA and Wellness Programs
GINA Title II prohibits employers from requesting, requiring, or purchasing genetic information about employees or their family members. Wellness programs that include HRAs with family medical history questions are collecting genetic information under GINA. These questions must be voluntary and cannot be incentivized.
The Family Medical History Problem
Family medical history is genetic information under GINA. An HRA that asks "Has anyone in your immediate family been diagnosed with heart disease, diabetes, or cancer?" is collecting genetic information. This portion of the HRA must be voluntary and cannot be tied to any incentive — even if the rest of the HRA is incentivized.
GINA Compliance Design
Pro Tip
Design your HRA with two separate sections: (1) an incentivized section that does not include family medical history questions; and (2) a voluntary, non-incentivized section that includes family medical history questions. Clearly communicate to employees that the family medical history section is voluntary and not required to earn the incentive. Document this design in your wellness program materials.