In an article published by SHRM online, Bass, Berry & Sims attorney Doug Dahl discussed protected genetic information and wellness program design. The article outlines recent legislation proposed by the House Education and Workforce Committee that intended to clarify differences between the wellness program rules under several federal statutes and regulations. The bill subsequently stalled in the House of Representatives because many opponents believe the legislation allowed businesses to use the genetic information employees provided through wellness programs in negative ways.

While the definition of genetic information is broad, as Doug points out in the article, “[t]he disease of a family member, including a spouse or adopted child, and how it is manifested is considered genetic information. Obesity is the primary issue many wellness programs are designed to help. Heart health is another focus, as are smoking cessation and mental health issues.”

The full article, “Bill to Harmonize Wellness Program Requirements May Have Stalled,” was published by SHRM online on April 20, 2017, and is available online.