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EEOC | RIN: 3046-AB02 | Publication ID: Fall 2015 |
Title: Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008 | |
Abstract:
This proposed rule would amend the regulations on the Genetic Information Nondiscrimination Act of 2008 to address inducements to employees' spouses or other family members who respond to questions about their current or past medical conditions on health risk assessments (HRA). This Notice of Proposed Rulemaking will also correct a typographical error in the rule's discussion of wellness programs and add references to the Affordable Care Act, where appropriate. |
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Agency: Equal Employment Opportunity Commission(EEOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 29 CFR 1635 | |
Legal Authority: 42 U.S.C. 2000ff |
Legal Deadline:
None |
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Statement of Need: The revision to 29 CFR 1635.8 is needed to address numerous inquiries received by EEOC about whether an employer will violate the Genetic Information Nondiscrimination Act (GINA) of 2008 by offering an employee a financial inducement if the employee's family member completes an HRA that asks about the family member's current health status. Technical amendments are also needed to correct a typographical error and to include references to the ACA, where appropriate. |
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Summary of the Legal Basis: GINA, section 211, 42 U.S.C. section 2000ff-10, requires the EEOC to issue regulations implementing title II of the Act. The EEOC issued regulations on November 9, 2010. These proposed revisions are based on that statutory requirement. |
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Alternatives: The EEOC will consider all alternatives offered by public commenters. |
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Anticipated Costs and Benefits: Based on the information currently available, the Commission does not anticipate that the rule will impose additional costs on employers, beyond minimal costs to train human resource professionals. The regulation does not impose any new employer reporting or recordkeeping obligations. We anticipate that the changes will benefit entities covered by title II of GINA by clarifying that employers who offer wellness programs are free to adopt a certain type of inducement without violating GINA, as well as correcting an internal citation, and providing citations to the ACA. |
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Risks: The proposed rule imposes no new or additional risks to employers. The proposal does not address risks to public safety or the environment. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Christopher Kuczynski Assistant Legal Counsel, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE, Washington, DC 20507 Phone:202 663-4665 TDD Phone:202 663-7026 Fax:202 653-6034 Email: christopher.kuczynski@eeoc.gov Kerry Leibig Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE, Washington, DC 20507 Phone:202 663-4516 Fax:202 653-6056 Email: kerry.leibig@eeoc.gov |