Genetic Privacy — Genetic Information Nondiscrimination Act Of 2008

FL
Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act of 2008 (GINA), which modifies a number of existing laws and adds a number of new laws to the United States Code.
United States Information Technology and Telecoms

On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act of 2008 (GINA), which modifies a number of existing laws and adds a number of new laws to the United States Code. As with existing state law discussed below, the law contains limitations on the use of genetic testing for certain insurance purposes, including underwriting and premium adjustments, and also restricts the use of genetic testing by insurers. These restrictions are contained in modifications to ERISA as well as other sections of the United States Code, and are applicable to group health plans and health insurers, insurers offering insurance to individuals, medigap insurers, and other insurers.

GINA also changes several aspects of the Health Insurance Portability and Accountability Act (HIPAA), including changes to the definitions under the HIPAA privacy rule to include genetic information and new definitions regarding genetic testing, among others.

Employers also are restricted in the type of information they can obtain from employees. Subject to certain exceptions, employers cannot request, require, or purchase genetic information regarding an employee or a family member. There also are specific genetic privacy restrictions on genetic information that is collected by employers. The restrictions on employers are applicable to government employees as well.

While portions of the law are effective in the near term, others will not be effective for up to 18 months. Additionally, there are a number of rule changes that must occur, including changes to HIPAA, and additional regulations that must be generated.

State and federal genetic privacy laws are important considerations for your business and care must be taken to ensure compliance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More