New Genetic Discrimination Laws
To Affect Employers, Health Providers

The Genetic Information Nondiscrimination Act (GINA), signed by President Bush in May 2008, prohibits health insurance companies and employers from refusing insurance coverage or discriminating against individuals based on the results of genetic testing.

GINA was enacted in the wake of growing concern that employees may be dropped by employer-based health insurance plans — or even dismissed from their jobs — if genetic testing revealed a high risk for developing certain genetic diseases.

Provisions of GINA will not affect life, disability, or long-term-care insurance plans.

GINA provisions pertaining to health insurance plans will take effect on May 21, 2009. Provisions pertaining to employers will take effect on November 21, 2009.

Under GINA employers will be prohibited, with some exceptions, from requesting, requiring, or purchasing genetic information of employees and their family members.

The law also will prohibit group health plans and health insurance providers from denying benefits or raising premiums for individual policies based on the discovery of genetic test results.

GINA does not prevent insurance providers from making decisions based on actual existing medical conditions.

For more information about the Genetic Information Nondiscrimination Act contact Robert F. “Ted” Barron, KDDK health care law attorney, at rbarron@kddk.com or Jake Fulcher, KDDK labor & employment attorney, at jfulcher@kddk.com.

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