They weren’t completely struck down by the court – but in some ways they might as well have been. In a decision this week by the District Court for the District of Columbia, the Equal Employment Opportunity Commission was ordered to reconsider its current voluntary wellness program regulations which allow employers to offer incentive of up to 30% of the total costs of self-only health coverage in company-sponsored wellness programs. In a suit brought by the American Association of Retired Persons (AARP), it was argued that such an incentive ran counter to the “voluntary” requirements of the ADA (Americans with Disabilities Act) and GINA (Genetic Information Nondiscrimination Act) because employees who couldn’t afford to pay a 30% increase would be forced to give up and disclose protected information. The court held off on striking down the wellness program only because as presiding Judge John Bates said, if the regs were suddenly struck down, “employers who adopted incentives would be faced with the possibility that their current health plans are illegal; at best, employers would once again be left in limbo as to what is permitted and what is not with regard to incentives.” As a result, the wellness program itself is in limbo and affected employers are in a waiting game. Six to one, half a dozen the other . . .