The Equal Employment Opportunity Commission’s (EEOC) regulatory agenda indicated that it intends to finalize its two rules governing employer wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA) by February 2016. You can read about the proposed ADA changes here. The EEOC just recently published its proposal to amend the rules implementing GINA as they relate to employer wellness plans in late October, 2015. If adopted, these rules would allow an employer that offers a wellness program as part of a group health plan to provide limited financial and other incentives in exchange for an employee’s spouse providing information about his or her current or past health status. The proposed rule, however, would not permit any incentives to be provided in exchange for children’s current or past health information based on the theory that the possibility of discrimination against the employee based on genetic information is greater when the employer has access to information about the health status of the employee’s children versus the employee’s spouse. Read more about these proposed rules here. According to the EEOC, the proposed rule would provide a narrow exception to the general rule in GINA that prohibits incentives in exchange for an employee’s genetic information.