October 10th, 2009 - Interim final regulations were released earlier this month on implementing the Genetic Information Nondiscrimination Act of 2008 (GINA). As you may recall, this legislation prohibits group health plans and health insurers from collecting or using an individual’s genetic information if that information is used in a way that would affect health plan eligibility, premiums or contribution amounts or pre-existing condition limitations.

In today’s climate – with many clients focusing on wellness and prevention as a means of controlling healthcare costs – we wanted to make you aware of what’s included in these regulations, as it may have an impact on your current practices.

If you offer a reward or incentive for taking a health risk assessment, the regulations prohibit the HRA from asking questions about an individual’s family medical history if the HRA is administered:

• Before or in connection with enrollment (i.e., the HRA is taken before the coverage effective date for that year’s enrollment)

or

• For “underwriting purposes,” which includes “changing deductibles or other cost-sharing mechanisms, or providing discounts, rebates, payments in kind, or other premium differential mechanisms in return for activities such as completing a health risk assessment (HRA) or participating in a wellness program.”

Companies can offer rewards and/or incentives for taking a health risk assessment, as long as the HRA does not ask questions about family medical history.

This is just a brief summary of certain aspects of the regulations affecting Health Risk Assessments.

The regulations themselves provide additional details and examples. You can find a copy of the regulations at: http://edocket.access.gpo.gov/2009/pdf/E9-22504.pdf.

The regulations apply for plans years beginning after December 7, 2009. For calendar year plans, the effective date is January 1, 2010.