Thread: House GOP bill would let employers require genetic tests

House GOP bill would let employers require genetic tests

The HR1313 bill passed 22-17 would penalize employees unwilling to share genetic testing information when participating in wellness programs.

By Jessica DavisMarch 13, 2017
12:03 PM

Under a little-noticed bill that moved through the House Education and Workforce committee on March 8, employers would be able to require employees to submit genetic testing results as part of a wellness program or risk paying a major penalty.

Existing federal laws protect genetic privacy and nondiscrimination from employers, such as the 2008 genetic privacy and nondiscrimination law called GINA. The HR1313 bill, on the other hand, would give employers a loophole around these barriers, stating GINA and other protections don’t apply when genetic tests are part of a work wellness program.

All 22 republicans on the Education and Workforce committee supported the bill, while all 17 democrats were opposed. The bill has been overshadowed by the repeal and replace bill, the American Health Care Act.

HR1313 is currently under review by other House committees and must still be reviewed and passed by Senate. It’s already facing major opposition.

On March 7, about 70 organizations - including health, consumer and medical advocacy groups - wrote to the committee, criticizing the bill for undermining GINA and the American Disabilities Act.

“These provisions of GINA and ADA protecting privacy in the workplace were carefully crafted to ensure that employers can only obtain or request protected genetic and medical information when the employee voluntarily provides it,” the authors wrote. “With respect to employees’ genetic information, the change would be particularly dramatic.”

“Allowing penalties of this magnitude would clearly allow employers to coerce employees into revealing their private genetic information,” they continued. “Workplace wellness programs are fully able to encourage healthy behaviors within the current legal framework: They need not collect and retain private genetic and medical information to be effective.”

Department of Health and Human Services Secretary Tom Price told NBC’s Meet the Press on Sunday that he feels the bill may cause “significant concerns.” Further, he wasn’t aware of the bill’s passing, but HHS would help change its language if requested.

http://www.healthcareitnews.com/news...-genetic-tests

Oh no, this is crazy. Get rid of that bill. KILL THE BILL!!

Absolutely!! This is a very slippery slope. This is power that should not be given to anyone - government or employer.

They will not hire handicapped and the people over 40 will be working at low paying jobs for ever. This is discrimination all around.

I can just see it now, 'But we must have illegals and immigrants, we can't find 'find qualified people to do the job.'

It will be like the poultry company the young woman told me about. If you are laid off because of a slowdown (which happens in that industry), you are hired back once. Should a second slowdown occur, you will be considered 'ineligible' for work. Wouldn't take long to make all the Americans 'ineligible' to work for that company. That way the owner can stand in front of the cameras with his face hanging out and state, "I just can't find eligible workers."

Employers are offering more and more tests in house, the results of which they now have about their employees. I do not feel that employers should have employees personal health information. I feel it is an invasion of their privacy. How are they using this information? Why do they need to have it? I do not feel employers having this information is good for employees and I personally do not give my employer any information about my personal health as it is none of their business.

They want to compile it and sell it. No employer should have information like this, because no one should have information like this.

Bill would let employers penalize workers who say no to genetic testing

Los Angeles Times

- ‎22 hours ago‎

Employers could impose hefty penalties on employees who decline to participate in genetic testing as part of workplace wellness programs if a bill approved by a House committee becomes law. Employers, in general, don't have that power under existing ...

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Amid a recent deluge of human-rights concerns and big steps for Big Business, a bill is humbly working its way through Congress that would let employers compel their workers to either provide intimate genetic data or face thousands in penalties. HR ...

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Rep. Virginia Foxx (R-N.C.) thinks opponents of the bill “are spreading false information in a desperate attempt to deny employees the choice to participate in a voluntary program that can reduce health insurance costs and encourage healthy lifestyle ...

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- ‎Mar 12, 2017‎

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House GOP approves bill allowing companies to force genetic testing on workers [See update]

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- ‎Mar 11, 2017‎

[UPDATE 3/11/2017: Snopes reports that "HR 1313 does not allow employers to force all their workers to submit to genetic testing." Instead "H.R. 1313 states that employers may provide additional insurance premium discounts to workers who take part in ...

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- ‎Mar 10, 2017‎

It's hard to imagine a more sensitive type of personal information than your own genetic blueprints. With varying degrees of accuracy, the four-base code can reveal bits of your family's past, explain some of your current traits and health, and may ...


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Your boss could demand you get genetic testing and hand over the results, if this congressional bill becomes law

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- ‎Mar 10, 2017‎

Workers participating in so-called workplace wellness programs reportedly could be ordered to get genetic testing — and hand over the results — by their employers or face financial penalties, if a bill being pushed by congressional Republican becomes ...

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- ‎Mar 10, 2017‎

A blood pressure test. House Republicans are proposing legislation aimed at making it easier for companies to gather health and genetic data from workers and their families, including information such as weight, blood pressure and cancer risk.

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- ‎Mar 10, 2017‎

little-noticed bill moving through Congress would allow companies to require employees to undergo genetic testing or risk paying a penalty of thousands of dollars, and would let employers see that genetic and other health information. Giving employers ...

H.R.1313 - Preserving Employee Wellness Programs Act
115th Congress (2017-2018 )
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BILL

Sponsor:	Rep. Foxx, Virginia [R-NC-5] (Introduced 03/02/2017)
Committees:	House - Education and the Workforce; Energy and Commerce; Ways and Means
Latest Action:	03/02/2017 Referred to House Ways and Means (All Actions)

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Text: H.R.1313 — 115th Congress (2017-2018)All Bill Information (Except Text)

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Introduced in House (03/02/2017)

115th CONGRESS 1st Session

H. R. 1313

To clarify rules relating to nondiscriminatory workplace wellness programs.

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IN THE HOUSE OF REPRESENTATIVES
March 2, 2017

Ms. Foxx (for herself and Mr. Walberg) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To clarify rules relating to nondiscriminatory workplace wellness programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1.

SHORT TITLE.
This Act may be cited as the “Preserving Employee Wellness Programs Act”.

SEC. 2. FINDINGS.
Congress finds that—

(1) Congress has a strong tradition of protecting and preserving employee workplace wellness programs, including programs that utilize a health risk assessment, biometric screening, or other resources to inform and empower employees in making healthier lifestyle choices;
(2) health promotion and prevention programs are a means to reduce the burden of chronic illness, improve health, and limit the growth of health care costs;
(3) in enacting the Patient Protection and Affordable Care Act (Public Law 111–148), Congress intended that employers would be permitted to implement health promotion and prevention programs that provide incentives, rewards, rebates, surcharges, penalties, or other inducements related to wellness programs, including rewards of up to 50 percent off of insurance premiums for employees participating in programs designed to encourage healthier lifestyle choices; and
(4) Congress has struck an appropriate balance among employees, health care providers, and wellness plan sponsors to protect individual privacy and confidentiality in a wellness program which is designed to improve health outcomes.

SEC. 3. NONDISCRIMINATORY WORKPLACE WELLNESS PROGRAMS.

(a) Uniformity Across Federal Agencies.—
(1) PROGRAMS OFFERED IN CONJUNCTION WITH AN EMPLOYER-SPONSORED HEALTH PLAN.—
(A) IN GENERAL.—Notwithstanding any other provision of law, workplace wellness programs and programs of health promotion or disease prevention offered by an employer in conjunction with an employer-sponsored health plan that meet the requirements set forth in subparagraph (B) shall be considered to be in compliance with—
(i) the acceptable examinations and inquiries set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B));
(ii) section 2705(d) of the Public Health Service Act (42 U.S.C. 300gg–4(d)); and
(iii) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1(b)(2)).
(B) PROGRAM REQUIREMENTS.—The requirements referenced in subparagraph (A) are that—
(i) the programs described in such subparagraph comply with section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j));
(ii) any reward provided or offered by a program described in such subparagraph shall be less than or equal to the maximum reward amounts provided for by section 2705(j)(3)(A) of the Public Health Service Act (42 U.S.C. 300gg–4(j)(3)(A)), regardless of whether such programs are otherwise subject to such limitations; and
(iii) the programs described in such subparagraph comply with any regulations promulgated with respect to section 2705(j) of such Act by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury.
(C) SAFE HARBOR.—Notwithstanding any other provision of law, section 501(c)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2)) shall apply to workplace wellness programs or programs of health promotion or disease prevention offered by an employer in conjunction with an employer-sponsored health plan.
(2) OTHER PROGRAMS OFFERING MORE FAVORABLE TREATMENT FOR ADVERSE HEALTH FACTORS.—Notwithstanding any other provision of law, workplace wellness programs and programs of health promotion or disease prevention offered by an employer that provide for more favorable treatment of individuals with adverse health factors as described in 45 CFR 146.121(g) (or any successor regulations) shall be considered to be in compliance with—
(A) the acceptable examinations and inquiries set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B));
(B) section 2705(d) of the Public Health Service Act (42 U.S.C. 300gg–4(d)); and
(C) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1(b)(2)).
(3) PROGRAMS NOT OFFERED IN CONJUNCTION WITH AN EMPLOYER-SPONSORED HEALTH PLAN.—
(A) IN GENERAL.—Notwithstanding any other provision of law, workplace wellness programs and programs of health promotion or disease prevention offered by an employer that are not offered in conjunction with an employer-sponsored health plan that are not described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j)) that meet the requirement set forth in subparagraph (B) shall be considered to be in compliance with—
(i) the acceptable examinations and inquiries as set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B));
(ii) section 2705(d) of the Public Health Service Act (42 U.S.C. 300gg–4(d)); and
(iii) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1(b)(2)).
(B) LIMITATION ON REWARDS.—The requirement referenced in subparagraph (A) is that any reward provided or offered by a program described in such subparagraph shall be less than or equal to the maximum reward amounts provided for by section 2705(j)(3)(A) of the Public Health Service Act (42 U.S.C. 300gg–4(j)(3)(A)), and any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury.
(b) Collection Of Information.—Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member as part of a workplace wellness program described in paragraph (1) or (2) offered by an employer (or in conjunction with an employer-sponsored health plan described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j))) and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233). For purposes of the preceding sentence, the term “family member” has the meaning given such term in section 201 of the Genetic Information Nondiscrimination Act (Public Law 110–233).
(c) Rule Of Construction.—Nothing in subsection (a)(1)(A) shall be construed to prevent an employer that is offering a wellness program to an employee from requiring such employee, within 45 days from the date the employee first has an opportunity to earn a reward, to request a reasonable alternative standard (or waiver of the otherwise applicable standard). Nothing in subsection (a)(1)(A) shall be construed to prevent an employer from imposing a reasonable time period, based upon all the facts and circumstances, during which the employee must complete the reasonable alternative standard. Such a reasonable alternative standard (or waiver of the otherwise applicable standard) is provided for in section 2705(j)(3)(D) of the Public Health Service Act (42 U.S.C. 300 gg–4(j)(3)(D)) (and any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury).

https://www.congress.gov/bill/115th-...bill/1313/text