FAQs on Genetic Information Nondiscrimination Act

The DOL’s website now contains a Frequently Asked Questions sheet on the Genetic Information Nondiscrimination Act.

Document Excerpt

Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA) includes provisions that generally prohibit group health plans and health insurance issuers from discriminating based on genetic information. These provisions amend the Employee Retirement Income Security Act (ERISA), administered by the Department of Labor; the Public Health Service Act (PHS Act), administered by the Department of Health and Human Services; and the Internal Revenue Code (the Code), administered by the Department of Treasury (the Treasury) and the Internal Revenue Service (IRS). The Department of Labor has jurisdiction with respect to employment-based group health plans. HHS in conjunction with the States administers these provisions with respect to health insurance issuers. The Treasury and IRS administer these provisions with respect to employers. Title I of GINA also includes individual insurance market provisions under the PHS Act and privacy and confidentiality provisions under the Social Security Act, which are both within the jurisdiction of HHS. Title II of GINA, under the jurisdiction of the Equal Employment Opportunity Commission, addresses discrimination in employment based on genetic information.

The subject of these Frequently Asked Questions are the requirements of Title I of GINA under ERISA, prohibiting discrimination in group health plan coverage based on genetic information.

Link http://www.dol.gov/ebsa/faqs/faq-GINA.html

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