| Genetic Information Nondiscrimination Act |
Genetic Information Nondiscrimination Act (GINA) [H.R. 493, S.358] this act passed the House by a vote of 414-1 and
the Senate by a vote of 95-0 and was signed into law on May 21, 2008 by President Bush, This act the law protects the
confidentiality of individual genetic information. Under the law, "genetic information" is defined to include information about an
individual's genetic tests, genetic tests of family members, and a disease or disorder in the family. GINA applies to both insurers
and employers.
Group and individual health insurers are prohibited from using genetic information to determine insurance eligibility. Increasing
an insurance premium based on genetic information is also prohibited.
GINA prohibits employers from discriminating against employees or applicants based on genetic information. The law applies to
all public employers, private employers with 15 or more employees, employment agencies, and labor organizations.
Both insurers and employers are prohibited from requesting or requiring individuals to undergo genetic testing. However, an
employer can collect information to monitor the biological effects of toxic substances in the workplace if: 1) written notice is
given to the employee; 2) the individual gives written informed consent in advance, or the monitoring is required by law; 3) the
individual receives the results; 4) the monitoring is in compliance with federal or state regulations; and 5) the employer receives
only aggregated monitoring results without information about specific individuals. There are other exceptions, including one for
bona fide wellness programs that protect individually identifiable information.
GINA also has confidentiality requirements. Any genetic information that an employer lawfully possesses must be treated as a
confidential medical record. GINA's requirements for confidentiality are the same as the requirements under the Americans with
Disabilities Act (ADA). Therefore, if employers comply with the ADA 's confidentiality requirements and keep medical information
on separate forms and in separate medical files, they'll be in compliance with GINA.
Covered employers should update their nondiscrimination policies to reflect GINA's provisions. In addition, requests for
information from health care providers should be reviewed to avoid obtaining genetic information from care providers. Specific
language that reminds the provider not to send genetic information can be added, depending on the type of request.
The law's provisions for insurers take effect in June 2009 and for employers in November 2009.
The MHE Research Foundation is proud to have been one of the supporting organizations of this act
To read this act Click Here
White House video of this ACT being signed in to law
the Senate by a vote of 95-0 and was signed into law on May 21, 2008 by President Bush, This act the law protects the
confidentiality of individual genetic information. Under the law, "genetic information" is defined to include information about an
individual's genetic tests, genetic tests of family members, and a disease or disorder in the family. GINA applies to both insurers
and employers.
Group and individual health insurers are prohibited from using genetic information to determine insurance eligibility. Increasing
an insurance premium based on genetic information is also prohibited.
GINA prohibits employers from discriminating against employees or applicants based on genetic information. The law applies to
all public employers, private employers with 15 or more employees, employment agencies, and labor organizations.
Both insurers and employers are prohibited from requesting or requiring individuals to undergo genetic testing. However, an
employer can collect information to monitor the biological effects of toxic substances in the workplace if: 1) written notice is
given to the employee; 2) the individual gives written informed consent in advance, or the monitoring is required by law; 3) the
individual receives the results; 4) the monitoring is in compliance with federal or state regulations; and 5) the employer receives
only aggregated monitoring results without information about specific individuals. There are other exceptions, including one for
bona fide wellness programs that protect individually identifiable information.
GINA also has confidentiality requirements. Any genetic information that an employer lawfully possesses must be treated as a
confidential medical record. GINA's requirements for confidentiality are the same as the requirements under the Americans with
Disabilities Act (ADA). Therefore, if employers comply with the ADA 's confidentiality requirements and keep medical information
on separate forms and in separate medical files, they'll be in compliance with GINA.
Covered employers should update their nondiscrimination policies to reflect GINA's provisions. In addition, requests for
information from health care providers should be reviewed to avoid obtaining genetic information from care providers. Specific
language that reminds the provider not to send genetic information can be added, depending on the type of request.
The law's provisions for insurers take effect in June 2009 and for employers in November 2009.
The MHE Research Foundation is proud to have been one of the supporting organizations of this act
To read this act Click Here
White House video of this ACT being signed in to law
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The MHE Research Foundation, we comply with the HONcode standard for health trust worthy information: By the Health On the Net Foundation. Click
here to verify.# HON Conduct 282463 and is linked on the NIH National Library of Medicine, Directory of Health Organizations (SIS) website, as well as
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here to verify.# HON Conduct 282463 and is linked on the NIH National Library of Medicine, Directory of Health Organizations (SIS) website, as well as
the link for Patient Information on The Diseases Database a cross-referenced index of human disease, and the Intute: health & life sciences a free
online service providing access to the very best Web resources for education and research located in the UK
The MHE Research Foundation is proud to be working with the EuroBoNeT consortium, a European Commission granted Network of Excellence for
studying the pathology and genetics of bone tumors.
studying the pathology and genetics of bone tumors.
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regarding any course of treatment or medicine.
and informational purposes only. This website does not engage in the practice of medicine. In all cases we recommend that you consult your own physician
regarding any course of treatment or medicine.
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