Announcements

President Bush signed into law the Genetic Information Nondiscrimination Act (GINA).  This law, which has been called “the first civil rights law of the 21^st Century,” would 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, or 18 months after the President signed the bill, and the provisions pertaining to group health plans become effective in May 2009, or one year after the date of enactment.

GINA will prohibit an employer from discriminating against an individual in the hiring, firing, compensation, terms, or privileges of employment on the basis of genetic information of the individual or family member of the individual.

GINA defines a family member as the:

(1) spouse of the individual;

(2) a dependent child of the individual, including a child who is born to or placed

for adoption with the individual; or

(3) parent, grandparent, or great-grandparent.

GINA forbids an employer from requesting, requiring, or purchasing genetic information of the individual or family member except (1) where the employer inadvertently requests or requires the information, (2) for genetic services offered by the employer (including wellness programs), (3) for purposes of complying with the Family and Medical Leave Act, and (4) where the employer purchases documents that are commercially available.

 GINA will prohibit an insured or self-insured health care plan, from denying eligibility to enroll for health care coverage or from adjusting premium or contribution rates under a plan based on an individual or family member’s genetic information.  Health care plans would also be prevented from requiring a plan participant to undergo a genetic test to be eligible for coverage under a health care plan.

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