Practice Management

Genetic Information Nondiscrimination Act

The Genetic Information Nondiscrimination Act (GINA) goes into effect on November 21, 2009.  You will need to replace your federal employment rights poster(s) at your office in order to remain in compliance.

The Genetic Information Nondiscrimination Act of 2008 (GINA), is designed to prohibit the improper use of genetic information in health insurance and employment. The Act prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future. The legislation also bars employers from using individuals’ genetic information when making hiring, firing, job placement, or promotion decisions.

The Act contains amendments to the Employee Retirement Income Security Act of 1974 (compliance assistance information may be found here), and the Internal Revenue Code of 1986. It appears, however, that the impact on the Internal Revenue code relates to to the fact that non-compliance penalties are assessed through IRS.   

A comprehensive article which explores a brief history of genetics leading up to the passage of GINA and the resulting impact GINA will have on health plans and insurers and employers can be found on the web site of the Oklahoma Bar Association.

President George W. Bush signed the bill into law on May 21, 2008,  It becomes effective on November 21, 2009.

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Full post as published by Law Practice Management on November 04, 2009 (boomark / email).