2009-10-14
Interim final rules were issued under the Genetic Information Nondiscrimination Act (GINA) on October 7, 2009.

The interim final rules will require employers to review, and possibly redesign, their health risk questionnaires (HRQs) and disease management/wellness (DMW) programs if these programs collect genetic information from plan participants and beneficiaries. GINA defines "genetic information" as including family medical history.

The GINA rules apply to plan years beginning on or after December 7, 2009 and will require immediate action by employers. Due to the imminent effective date of the GINA rules, employers should review their HRQs and DMW programs to ensure compliance with the interim final rules of GINA.

Title I of GINA prohibits discrimination in health care coverage based on genetic information and regulates the permissible use of genetic information by group health plans. The Hewitt bulletin linked to at right discusses:

• GINA's prohibition against the collection of genetic information by group health plans;
• GINA's impact on HRQs and DMW programs;
• GINA's prohibition against discrimination based on genetic information; and
• GINA's limits on requesting or requiring genetic testing.

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