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Bill allows employers to check employees DNA

Mar 11, 2017 1:54 PM

House Republicans would let employers demand workers’ genetic test results

A 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. Please read and then call your congressman. This is crazy!

https://www.statnews.com/2017/03/10/workplace-wellness-genetic-testing/

Mar 11, 2017 1:58 PM

The bill is called: Preserving Employee Wellness Act"

Mar 11, 2017 2:09 PM

H. R. 1189

To clarify rules relating to nondiscriminatory employer wellness programs as such programs relate to premium discounts, rebates, or modifications to otherwise applicable cost sharing under group health plans.

IN THE HOUSE OF REPRESENTATIVES
March 2, 2015
Mr. Kline (for himself, Mr. Roe of Tennessee, 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

A BILL
To clarify rules relating to nondiscriminatory employer wellness programs as such programs relate to premium discounts, rebates, or modifications to otherwise applicable cost sharing under group health plans.
To clarify rules relating to nondiscriminatory employer wellness programs as such programs relate to premium discounts, rebates, or modifications to otherwise applicable cost sharing under group health plans.

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 EMPLOYEE WELLNESS PROGRAMS.

114th CONGRESS
1st Session
H. R. 1189

To clarify rules relating to nondiscriminatory employer wellness programs as such programs relate to premium discounts, rebates, or modifications to otherwise applicable cost sharing under group health plans.

IN THE HOUSE OF REPRESENTATIVES
March 2, 2015
Mr. Kline (for himself, Mr. Roe of Tennessee, 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

A BILL
To clarify rules relating to nondiscriminatory employer wellness programs as such programs relate to premium discounts, rebates, or modifications to otherwise applicable cost sharing under group health plans.

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 EMPLOYEE WELLNESS PROGRAMS.

(a) Offering Of Program Rewards.—

(1) IN GENERAL.—Notwithstanding any other provision of law, workplace wellness programs, or programs of health promotion or disease prevention 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)), shall not violate the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or title I or II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233) because such program provides any amount or type of reward (as provided for in section 2705(j)(3)(A) of the Public Health Service Act (42 U.S.C. 300 gg–4(j)(3)(A))) to program participants if such program complies with such section 2705(j) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury).

(2) APPLICATION OF SUBSECTION.—With respect to workplace wellness programs, or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan, described in section 2705(j)(1)(B) or section 2705(j)(2) of the Public Health Service Act (42 U.S.C. 300gg–4(j)(1)(B) or (j)(2)), this subsection shall apply if the reward with respect to such programs is less than or equal to the maximum reward amounts provided for by section 2705(j)(3)(A) of such Act (42 U.S.C. 300gg–4(j)(3)(A)) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and 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 participating in workplace wellness programs, or programs of health promotion or disease prevention 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 terms “family members” and “manifestation” shall have the meanings given such terms for purposes of title I or II of the Genetic Information Nondiscrimination Act (Public Law 110–233), or the amendments made by such titles, as appropriate.

(c) Rules Of Construction.—

(1) RELATING TO THE ADA.—Nothing in this Act shall be construed to limit or otherwise restrict the application of section 501(c)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2)) to any programs or arrangements described in this Act.

(2) RELATING TO EMPLOYER DEADLINES.—Nothing in the regulations referred to in subsection (a) shall be construed to prevent an employer that is offering a wellness program to an employee from establishing a deadline of up to 180 days for employees to request and complete a reasonable alternative standard (or waiver of the otherwise applicable standard). 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)) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury).

SEC. 4. EFFECTIVE DATE.

This Act shall take effect as if enacted on March 23, 2010, and shall apply to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233), including the amendments made by such Acts.

Mar 11, 2017 2:12 PM

Section 3 (2) (b) is the section allowing employers to collect genetic information from employees

Mar 11, 2017 3:08 PM

😡 there is no respect for a person with an illness with or without FMLA papers.
What's to say the DNA testing is used to discriminate during the hiring process!!!
Let's fix what's broken before we start another problem!!!

Mar 11, 2017 3:10 PM

I work in healthcare and see no benefit for employees, just another way for them to get around ADA and our rights

Mar 11, 2017 3:12 PM

YES!!!!
Our rights are violated too often with no consequences towards the employer.
I'm facing discrimination at it's worse!

Mar 11, 2017 3:17 PM

Make sure you take careful notes about your discrimination with dates, times, and witnesses.

Mar 11, 2017 3:49 PM

Yes, Ma'am.
I have that information.
All I need is a Labor Law Attorney .
I've been searching for two months.

My Union...
My union is good at collecting my dues!
THATS IT!😡

Hats off to the Unions who back up there people!

Mar 19, 2017 9:26 PM

I really just want the government to stay out of my home, my guns, you bedroom, my vagina, my prescription drugs the list could be endless. I detest lobbyists with all my might. I am sick of my rights just getting chipped away. There are so many people in this country that are clueless. They bop around like little sheep following the leader and never question anything until one day when they realize all of their rights have been stolen away from them. How do we wake up the next generation?

Mar 20, 2017 12:04 PM

I have a lawyer on the dammage a device caused my health to deteriorate, she told me about 6 bills going to get approved on that infringes on our right to hold a company responsible for the dammage caused a person, if that goes through it will negitavley dammage my case. Here are the Bill's look them up and call your senator !

HR 1215
HR 985
HR 906
HR 725
HR 720
HR 732

I have already written, emailed mine.

Mar 20, 2017 4:35 PM

I get closer and closer to being a (peaceful) anarchist every single day. All sides in Washington are ganging up on the American people, especially those of us they perceive as "weak." I need to stop typing now before the swear words fly! 😡😡😡

Mar 20, 2017 6:17 PM

amccallister I am right there with ya!

Mar 20, 2017 6:31 PM

Wow ! You guys ever consider moving to Canada? Craziness....

Mar 20, 2017 6:44 PM

I would freeze to death! When it gets below 50 my bones want to die. I grew up near Niagara Falls and loved playing in the snow but not sure how that would be now. I think I would do better somewhere tropical but Air conditioning is a must.

Mar 20, 2017 6:48 PM

I really does depend on where you're living in Canada though.

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