; (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) )