Employer Wellness Programs: Health Reform and the Genetic Information Nondiscrimination Act

Amanda K. Sarata
Analyst in Health Policy and Genetics

Health reform is a major issue on the domestic policy agenda of the 111th Congress. Congress has been considering a number of policy proposals to reform the health delivery system that aim to improve health care quality, reduce health care costs, and expand access to care. A range of proposals have targeted reform of the delivery system through an increased focus on prevention and wellness in an effort to encourage individuals to adopt healthier lifestyles. One prominent policy lever being considered in some health delivery reform proposals is employer wellness programs. Employer wellness programs often focus on improving wellness overall, but may target a specific disease (e.g., diabetes) or behavior (e.g., smoking), may include the provision of a range of health or other services, and are offered by employers to employees through the workplace or other setting. 

Most if not all employer wellness programs collect medical information from participants. Programs may request or require participating employees to answer questions about family history of certain diseases, conditions, or disorders. This information falls under the definition of genetic information under the Genetic Information Nondiscrimination Act of 2008 (GINA, P.L. 110-233), and therefore its acquisition and use by employers is strictly protected and is protected differently than is acquisition of other medical information. Although GINA generally prohibits the acquisition of genetic information, it does allow for its collection as part of a wellness program, subject to certain requirements. As Congress considers the role that employer wellness programs may or can play in reforming the health care system, the potential interaction between GINA and any wellness program provisions is likely to be assessed. 

This report provides an overview of GINA generally, a description of GINA's statutory exception allowing for the collection of genetic information pursuant to a wellness program, and a discussion of some of the key issues that either have arisen or may arise as lawmakers consider the role of these programs in health reform. .


Date of Report: February 16, 2010
Number of Pages: 10
Order Number: R40791
Price: $29.95

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