The new amendments require that (1) employee wellness programs are voluntary; (2) employers cannot deny health care coverage for non participation, or (3) take adverse employment actions against or coerce employees who do not participate in wellness programs. Additionally, the new GINA regulations cover spousal participation in wellness programs and employers may not ask employees or covered dependents to agree to permit the sale of their genetic information in exchange for participation in wellness plans.
These amendments require that employee wellness programs be optional; employers cannot penalize employees who decline to participate or face negative consequences. Furthermore, the new GINA guidelines address spousal involvement and prohibit employers from asking participants to sell their genetic information in exchange for benefits.