A coalition of employer organizations believe the Genetic Information Non-discrimination Act (GINA) threatens to ban the use of most health risk assessments (HRAs) in wellness programs. If you share their concerns, you can act by November 30 or as soon as possible after that to submit comments about GINA’s interim final regulations.
To assist employers in drafting comments, The ERISA Industry Committee has provided two template letters in Word document form, for Title I and Title II of GINA.
GINA Title I comments: Should you wish to send the Title I family medical history template comment letter regarding the GINA Title I restrictions on asking family medical history questions in an HRA, you may submit comments to the Department of Labor (EBSA) through the Federal eRulemaking Portal: http://www.regulations.gov/. Insert the identification number RIN 1210-AB27 into the space for “Keyword or ID” and hit search. Follow the instructions for submitting your comment to EBSA. You may browse and attach your comments or submit them directly in the comment space.
In addition to the addressee on the template comment letter, the Integrated Benefits Institute (IBI) encourages people to send copies to:
Timothy Geithner
Secretary
U.S. Department of Treasury
1500 Pennsylvania Avenue NW
Washington, DC 20220Kathleen Sebelius
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue SW
Room 639G
Washington, DC 20201Hilda Solis
Secretary
U.S. Department of Labor
200 Constitution Avenue NW
Washington, DC 20210Robert Kocher, MD, Special Assistant to the President, National Economic Council, The White House [via fax to (202) 456-4796]
Ezekiel Emanuel, MD, Special Advisor for Health Policy, Office of the Director, Office of Management and Budget [via fax to (202) 395-3174]
GINA Title II/ADA comments: The Title II letter to the EEOC comments on unclear guidance about potential conflicts between the ADA and wellness program incentives. Letters to the EEOC are best sent by fax to (202) 663-4114. (There is no toll-free fax number.) Only comments of six or fewer pages will be accepted via fax.
In addition to the addressee on the template comment letter, IBI encourages people to send copies to:
Stuart J. Ishimaru
Acting Chairman
U.S. Equal Employment Opportunity Commission
131 M Street, NE
Washington, DC 20507Robert Kocher, MD, Special Assistant to the President, National Economic Council, The White House [via fax to (202) 456-4796]
Ezekiel Emanuel, MD, Special Advisor for Health Policy, Office of the Director, Office of Management and Budget [via fax to (202) 395-3174]
