President Signs Discrimination Law
May 13, 2008
As of this publication date, Congress had passed and President Bush was expected to sign into law H.R. 493, better known as "The Genetic Information Nondiscrimination Act of 2008" (GINA). Provisions under this bill are effective for group health plan years beginning one year after enactment.
GINA addresses discrimination on the basis of genetic information in at least two areas that are relevant to employers: health insurance and employment.
Prohibited activities for both group and individual health insurance plans include:
- Adjusting premium or contribution amounts for a group on the basis of genetic information
- Requiring genetic testing
- Requesting, requiring or purchasing genetic information for underwriting purposes or prior to enrollment
- Using genetic information as a pre-existing condition exclusion
Group health plans may request, but not require, a genetic test for research purposes if certain requirements are met. GINA also clarifies that genetic information is considered to be protected health information subject to HIPAA.
Prohibited activities for employers, employment agencies, labor organizations and joint-labor management committees include:
- Discrimination on the basis of genetic information by an employer, employment agency, labor organization or training program in all aspects of the employment process
- Segregating, or classifying employees, individuals or members because of genetic information to deprive them of any rights
- Requesting, requiring or purchasing an employee's genetic information, except for certain purposes
- Disclosure of any genetic information it may have, except in certain circumstances
The text of GINA can be found by entering "HR 493" in the search field at http://thomas.loc.gov.