Genetic Information

The Genetic Information Nondiscrimination Act (GINA) was signed into law on May 21, 2008. GINA protects individuals against discrimination based on their genetic information in health coverage and in employment. GINA is divided into two sections, or Titles. Title I of GINA prohibits discrimination based on genetic information in health coverage. Title II of GINA prohibits discrimination based on genetic information in employment.

HHS (OCR and the Centers for Medicare and Medicaid Services), the Department of Labor, and the Department of the Treasury (Internal Revenue Service) are responsible for issuing regulations under GINA Title I. The Equal Employment Opportunity Commission is responsible for issuing regulations to implement GINA Title II.

GINA requires that OCR modify the Privacy Rule to explicitly provide that genetic information is health information under the Privacy Rule and to prohibit most health plans from using or disclosing genetic information for underwriting.

OCR anticipates implementing these changes to the Privacy Rule in 2009.