The Integrity News
"objective risk management news"
Vol. XVII No. 1 ISSN 1081-2717
June 5, 2008
On May 21, 2008, President Bush signed into law
the Genetic Information Nondiscrimination Act
(GINA). The new law will prohibit discrimination
against individuals on the basis of their genetic
information in both employment and health care.
The employment provisions of GINA become
effective in November, 2009, 18 months after the
President signed the bill. The provisions related
to group health plans become effective sooner,
in May, 2009. GINA is the minimum standard
and therefore allows State laws that have more
stringent requirements to supersede it.
Health care has become more costly, and genetic
testing has become more popular. The concern
is that people predisposed to diseases will be
viewed as greater potential financial risks to the
employer. The law aims to address that situation
and is very specific.
GINA prohibits an employer from discriminating
against an individual in the hiring, firing, provision
of benefits, compensation, or providing of privileges
on the basis of genetic information of the individual
or family member of the individual. A family member
is defined in GINA as a spouse; dependent child,
whether biological or adopted; parent; grandparent;
or great-grandparent.
GINA forbids an employer from requesting,
requiring, or purchasing genetic information
about an individual or his or her family members.
It also prohibits a health care plan from denying
eligibility based on an individual or family member's
genetic information. Health care plans cannot
require a plan participant to undergo genetic testing
in order to be eligible for coverage.
An exception in GINA is that genetic testing can be
part of a wellness program, including a program
sponsored by an employer. Under these conditions,
genetic testing can be recommended and an employer
can have access to the information. However, all such
information is confidential and is subject to HIPAA
guidelines.
Remember, you can always call
The Integrity Center, Inc.
to discuss topics anytime at (972) 484-6140.
Helping you with your Risk Management and HR Automation is what we do.
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