On Jan. 10, 2011, the final regulations under Title II of the Genetic Information Nondiscrimination Act (GINA II), which were issued by the Equal Employment Opportunity Commission, went into effect.
While Title I of the GINA left wellness proponents puzzled, GINA II spells out the rules and provides a specific exception for employers who incentivize employee participation in their wellness programs. The requirements are strict, but provide better guidance on how to handle sensitive health information.