The Genetic Information Nondiscrimination Act (GINA) is a new federal law that prohibits discrimination in health coverage and employment based on genetic information. President Bush signed the act into law May 21, 2008, and while its rules have not been finalized, GINA is becoming an increasingly important topic since the act goes into effect November 21, 2009.
GINA consists of two portions: Title I, addressing insurance coverage and Title II, relating to employment. Although Title I of GINA became effective starting May 22, 2009 (according to insurance plan dates), the interim rules were not published until October 1, 2009. These rules will become effective after 60 days, on December 7, 2009. The Equal Employment Opportunities Commission (EEOC) is working to develop rules for Title II, which will go into effect November 21, 2009.
In the meantime, the act itself offers some guidance. GINA defines genetic information as information about genetic tests and/or services as well as family medical history. Genetic tests are those that analyze DNA (deoxyribonucleic acid), RNA (ribonucleic acid), chromosomes, proteins, or metabolites that detect genotypes, mutations, or chromosomal changes – not routine tests such as CBC (complete blood counts), cholesterol, or liver functions.
Genetic information does not include information about the sex or age of a person or family members, current manifestations of a disease or disorder, or tests for drug or alcohol use. The Health Insurance Portability and Accountability Act (HIPAA) already includes protection against genetic discrimination concerning pre-existing conditions. GINA will add protections regarding eligibility, adjusted premiums based on health factors, and benefits.
GINA impacts Concentra on two fronts, both as an employer and as a provider. We are evaluating forms, coordinating with providers and partners, and examining all areas GINA touches.
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