Bills
| 3.23.22

Should Employers be Allowed to Ask Employees For Genetic Test Results, in Order to Incentivize Healthier Lifestyles? (H.R. 1313)

Do you support or oppose this bill?

What is H.R. 1313?

(Updated May 25, 2018)

This bill would allow employers to require employees to undergo genetic testing as part of a voluntary employee wellness program, in which participating employees can receive discounts of between 30 and 50 percent on their employer-sponsored health insurance premiums. It would consider such testing as being in compliance with the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and other federal laws. Employees would be able to refuse to participate in genetic testing, but they wouldn’t have access to the health insurance discount or other rewards offered through the employee wellness program.

Employers would still be required to comply with the requirements of workplace wellness programs and state laws related to the storage of sensitive personal information. Under current law, employers are prohibited from collecting genetic information from their employees, and genetic information is only shared with healthcare professionals.

Argument in favor

Employee wellness plans are a great way for employers to help their workers make informed, healthy decisions and voluntary genetic testing helps them do just that. Saving money on health insurance premiums is a great incentive.

Argument opposed

Employers shouldn’t be allowed to have access to their employees genetic information, even if it’s in the context of a voluntarily employee wellness program. The potential for discrimination is too great, and not worth potential savings.

Impact

Employees who participate in a voluntary wellness program; employers; companies performing genetic testing; healthcare professionals; and federal and state regulators.

Cost of H.R. 1313

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Bradley Byrne (R-AL) said that this bill will give employers the legal certainty they need to reward workers for making healthy lifestyle decisions, saying that “by empowering employers to adopt employee wellness programs, we can take a positive step toward lowering health care costs and promoting a healthy workforce.”

Byrne added that the bill “makes clear that if a wellness program complies with the non-discrimination standards in the Health insurance Portability and Accountability Act (HIPAA), then the program will also meet the requirements for wellness program in the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.”

The American Society of Human Genetics sent the top lawmakers on the House Education and Workforce Committee a letter expressing its opposition to the bill. The ASHG said:

“If enacted, this legislation would undermine fundamentally the privacy provisions of the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). It would allow employers to ask employees invasive questions about their and their families’ health, as well as genetic tests they and their families have undergone. It would further allow employers to impose stiff financial penalties on employees who choose to keep such information private, thus empowering employers to coerce their employees into providing their health and genetic information.”

This legislation has the support three Republican cosponsors in the House, and passed the House Education and Workforce Committee on a party-line, 22-17 vote. It’s also being considered by two other House committees — Ways & Means and Energy & Commerce.


Media:

Summary by Eric Revell

(Photo Credit: snre via Flickr / Creative Commons)