GINA update: Adapting our processes in response to customer needs
2/26/10 // Posted in 2010 Archive
In the past three months, Concentra has eagerly awaited the release of regulations by the Equal Employment Opportunity Commission (EEOC) implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). Unfortunately, although the law went into effect on November 21, 2009 for employers, the proposed rules are still under consideration by the Office of Management and Budget.
Meanwhile, the Interim Final Rules for Title I (for insurers) were effective December 7, 2009, and the comment period ended January 5, 2010. The Final Rules, reflecting any changes due to the comments received, have yet to be issued.
In the meantime and in response to the needs of our customers, Concentra has taken steps to adapt our processes. We have removed family medical history questions from our pre-employment forms, and our wellness program vendor, Wellsource, has removed family medical history questions from its forms. While we hope there will be changes to the regulations regarding wellness programs, at this time we must take action based on the current rules in effect.
Concentra is monitoring GINA carefully and will update our programs as necessary. Please keep in mind that we cannot be responsible for the content of forms that are sent with the patients from the employers. Employers should contact their legal counsel for what actions they should take for their programs or forms.