Under title ii of gina, it is illegal to discriminate against employees or applicants because of genetic information. Clearly this would violate gina now, but the circumstances occurred before the law was passed and the eeoc scrambled to attempt to characterize the employers actions as a violation of the ada. View enhanced pdf access article on wiley online library html view download pdf for offline viewing. The genetic information nondiscrimination act gina was signed into law on may 21, 2008. Its purpose is to provide baseline protections against genetic discrimination. Mar, 2017 the loopholes in the law prohibiting genetic discrimination. Title i genetic nondiscrimination in health insurance sec.
Genetic information nondiscrimination act of 2008 gina gina is a federal law that prohibits discrimination in employment and health coverage on the basis of genetic information. The genetic information nondiscrimination act of 2008 gina prohibits the following. It was a very important enactment by congress intended to enable more open approach by the individuals towards genetic. Gina covers employers with 15 or more employees, including state and local governments. Genetic information nondiscriminationact of 2008 on may 21, 2008, president george w. The genetic information nondiscrimination act gina the genetic information nondiscrimination act of 2008 gina prohibits discrimination in group health plan coverage based on genetic information. The loopholes in the law prohibiting genetic discrimination. Start studying genetic information nondiscrimination act gina.
Genetic information nondiscrimination act gina genomics. Genetic information nondiscrimination act gina click here to find out more about the genetic information nondiscrimination act and how it affects those with or atrisk for hd with the help of incredible efforts by hd advocates, hdsa was successful in advancing the passage of the genetic information nondiscrimination act gina of 2008. And gina impacts both health insurers and employers. Title i amends the employee retirement income security act of 1974 erisa, the public health service act phsa, and the internal revenue code irc.
Genetic information nondiscrimination act gina of 2008. Title ii of the genetic information nondiscrimination act of 2008 gina, which prohibits genetic information discrimination in employment, took effect on november 21, 2009. Gina restricts collection of genetic family medical history information. Under the first part of the act, it is illegal for health insurance providers to use or require genetic information to determine whether a person is eligible for coverage. When the genetic information nondiscrimination act passed in 2008, supporters hailed it as the first major civilrights bill of the century. The genetic information nondiscrimination act of 2008 gina is a federal law that protects people from genetic discrimination in health insurance and employment. Guidelines for compliance with the genetic information.
The genetic information nondiscrimination act of 2008 gina congressional research service 3 concerns about the potential misuse of genetic information leading up to gina these scientific advances in genetic research, while promising, highlight the potential for misuse of the genetic information that such research generates. The genetic information nondiscrimination act of 2008 gina congressional research service summary on may 21, 2008, the genetic information nondiscrimination act of 2008 gina, referred to by its sponsors as the first civil rights act of the 21 st century, was enacted. Genetic information nondiscrimination act of 2008 gina prohibits employers and other entities covered by gina title ii from requesting, or requiring, genetic information of an individual or family member of the individual, except as specifically allowed by this law. What is the abbreviation for genetic information and nondiscrimination act. Genetic information nondiscrimination act gina and its.
After years of advocacy, the genetic information nondiscrimination act hr 493, or gina, finally passed both houses of congress with strong bipartisan effort. On may 21, 2008, the genetic information nondiscrimination act of 2008. Title ii of the genetic information nondiscrimination act gina protects individuals against employment discrimination on the basis of genetic information. Employers from requesting and disclosing genetic information about their employees except as specifically allowed by this law. Genetic information nondiscrimination act gina for workers and families. The genetic information nondiscrimination act of 2008 gina. Federal regulations applicable to health plan issuers and employersponsored group health plans became effective december 7, 2009. Gina abbreviation stands for genetic information and nondiscrimination act. Title i, which amends portions of the employee retirement income security act erisa, the public health service act, and the internal revenue code, addresses the use of genetic information in. December 07, 2011 a new law to raise ginas floor in california. Fear of discrimination is a common concern among people considering genetic testing. Genetic information nondiscrimination act gina benefits.
Gina at ten and the future of genetic nondiscrimination. Dec 09, 2015 genetic testing, counseling, or education by an individual or an individuals family members. Genetic information nondiscrimination act gina different position that reduced the risk. Genetic information nondiscrimination act of 2008 gina.
These laws are aimed at providing safe and fair living conditions for citizens. Ab 887, calgina, california, california genetic information nondiscrimination act, genetic information nondiscrimination act, gina, hipaa, preemption, sb 559, vermont jennifer k. To comply with this law, we are asking that you not. Many people turn to the genetic information nondiscrimination act gina for. An overview of the genetic information nondiscrimination act. This is where the issue of genetic discrimination rises. Genetic information nondiscrimination act of 2007 gina background on may 21, 2008, gina was signed into law. Genetic information and nondiscrimination act gina guidance. The genetic information nondiscrimination act, known as gina, was enacted to protect employees and wouldbe employees from discrimination and harassment based on their genetic information gi, as well as their family history of genetic information. Discrimination against employees or applicants because of genetic information. Many people turn to the genetic information nondiscrimination act gina for protection against this type of discrimination. Dec 24, 2012 the genetic information nondiscrimination act, known as gina, was enacted to protect employees and wouldbe employees from discrimination and harassment based on their genetic information gi, as well as their family history of genetic information. In an effort to address such fears, a group of elected officials and policy advocates in the mid1990s began to press for federal legislation prohibiting genetic discrimination.
This act may be cited as the genetic information nondiscrimination act of 2008. Genetic information nondiscrimination act of 2008 2008 was a big year for those fighting for disability rights, and not just because of the adaaa. The genetic information nondiscrimination act of 2008 gina summary on may 21, 2008, the genetic information nondiscrimination act of 2008 gina, referred to by its sponsors as the first civil rights act of the 21 st century, was enacted. Title i of gina prohibits genetic discrimination in health insurance, and title ii prohibits genetic discrimination in employment. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The safe harbor language gives you a layer of protection. Genetic information nondiscrimination act of 2008 gina includes two titles. Jun 28, 2012 the genetic information nondiscrimination act of 2008 is a federal law that prohibits discrimination in health coverage and employment based on genetic information. Your genetic information and your health plan know the protections against discrimination. Faqs on the genetic information nondiscrimination act. So the federal government passed the genetic information nondiscrimination act, known as gina. Genetic information nondiscrimination act gina flashcards. May 29, 20 the genetic information nondiscrimination act of 2008 pub.
What is genetic discrimination, and how can it affect us. Genetic information nondiscrimination act of 2008 gina the genetic information nondiscrimination act of 2008 public law no. Gina genetic information and nondiscrimination act. Genetic information helps you know and understand health conditions that run in. The act bars the use of genetic information in health insurance and employment. The section of the law relating to health coverage title i generally will take effect between may 22, 2009, and may 21, 2010.
Gina expands the genetic information protections included in the health insurance portability and accountability act of 1996 hipaa. This law restricts the commonly used practice of offering incentives to complete a. Genetic discrimination is the misuse of genetic information. The genetic information nondiscrimination act gina became effective in january 2011. On november 21, 2009, provisions of the genetic information nondiscrimination act gina of 2008 went into effect for all employers. What is the abbreviation for genetic information nondiscrimination act. Genetic information nondiscrimination act of 2007 gina. Settling its first genetic information nondiscrimination act.
In 2008, a federal law was passed called gina, or the genetic information nondiscrimination act. Asthma biosimilars breast cancer cardiovascular health. Gina expands the genetic information protections included in the health insurance portability and accountability. On may 21, 2008, the genetic information nondiscrimination act of 2008 gina. Several laws at the federal and state levels help protect people against genetic discrimination. The genetic information nondiscrimination act of 2008, referred to as gina, is a new federal law that prohibits discrimination in health coverage and employment based on genetic information. Health insurers may not use an individuals genetic information to set eligibility requirements or to establish premium or contribution amounts. The eeoc enforces workplace antidiscrimination laws, including the americans. The genetic information nondiscrimination act gina of 2008 protects americans from discrimination based on their genetic information in both health insurance title i and employment title ii. After nearly years of negotiations, the longanticipated genetic information nondiscrimination act of 2008 gina has been signed into law by president bush. The genetic information nondiscrimination act gina. Genetic information nondiscrimination act of 2008 title i.
Gina protects individuals against discrimination based on their genetic information in health coverage and in employment. The genetic information nondiscrimination act of 2008 pub. The genetic information nondiscrimination act of 2008. Information on the genetic information nondiscrimination. Certification of health care provider for employees. Genetic information does not include information about the sex or age of any individual. Title i, which amends portions of the employee retirement income security act erisa, the public health service act, and the internal revenue code, addresses the use of genetic information in health insurance. Gina prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person. Health insurers are prohibited from requiring or requesting information of an individual or an individuals family members. What you should know about gina, the genetic information. In particular, a federal law called the genetic information nondiscrimination act gina is designed to protect people from this form of discrimination.
What you should know about the ada, the rehabilitation act and. Gina genetic information nondiscrimination act title ii of the genetic information nondiscrimination act gina prohibits employers and other entities covered by gina title ii from requesting or requiring genetic information of employees or their family members. May 21, 2018, marks the tenth anniversary of the signing into law of the genetic information nondiscrimination act. Facts about the genetic information nondiscrimination act. The genetic information nondiscrimination act of 2008 gina prohibits employers and other entities covered by gina title ii from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. The section of the law relating to health coverage title i. Genetic information nondiscrimination act of 2008 gina the genetic information nondiscrimination act of 2008 gina prohibits employers and other entities covered by gina title ll, including the board of education, from requesting or requiring genetic information of an individual or. You may have questions about whether you can be discriminated against if you undergo genetic testing. In this act, genetic information refers to information about a persons genetic tests, the genetic tests of a persons family members, and the incidence of diseases or disorders in a person. Genetic information nondiscrimination act gina a list of laws passed in the federal court in united states of america is preserved in the united states code u. Gina provides a baseline level of protection against genetic discrimination for all americans. Genetic discrimination occurs when people are treated differently by their employer or. The passage of gina in may 2008 has now set in place a national level of protection against discrimination based on a persons genetic information. The genetic information nondiscrimination act of 2008 national.
Genetic information nondiscrimination act wikipedia. Download a pdf of this piece the equal employment opportunity commission eeoc announced last week that it had settled its first lawsuit alleging violations of the genetic information nondiscrimination act gina. Bush signed the genetic information nondiscrimination act gina into law. The congressional deliberations for gina were long and difficult. On may 21, 2008, the genetic information nondiscrimination act of 2008 gina, referred to by its sponsors as the first civil rights act of the 21 st century, was enacted. The california genetic information nondiscrimination act of 2011. Jan 16, 2007 legislative history president bush signs genetic information nondiscrimination act of 2008. The genetic information nondiscrimination act of 2008 has been hailed as a success for genomic medicine because it provides federal protections against employment and health insurance discrimination based on genetic information, including genetic test results. Genetic information nondiscrimination act of 2007 gina, was introduced in the. Genetic information nondiscrimination act of 2008 gina llsdc. This was the year that also saw the passing of the genetic information nondiscrimination act gina, pronounced geena. Genetic information nondiscrimination act gina gina is a federal law that prohibits discrimination in health coverage and employment based on genetic information. The genetic information nondiscrimination act of 2008 p.
The proposed genetic information nondiscrimination act of 2005 and public fears about genetic information, 15 j. The equal employment opportunity commission eeoc or commission is issuing a final rule to amend the regulations implementing title ii of the genetic information nondiscrimination act of 2008 as they relate to employersponsored wellness programs. Prohibits use of an individuals genetic information in setting eligibility or premium or contribution amounts by group and. Genetic information, as defined by calgina, includes information about the individuals or the. When the genetic information nondiscrimination act passed in 2008, supporters hailed it. Gina abbreviation stands for genetic information nondiscrimination act.
Genetic information nondiscrimination act gina the genetic information nondiscrimination act became effective january 1, 2010. To comply with this law, we are asking that you not provide any genetic. The act prohibits health coverage discrimination and employment discrimination against employees based on their or their family members genetic information. Genetic information includes information about an individuals genetic tests and the genetic tests of an individuals family members, as well as information about the manifestation of a disease or disorder in an individuals family members i. When the genetic information nondiscrimination act passed in 2008, supporters hailed it as the first major civilrights bill of. Changes to perceptions of the pros and cons of genetic.
1210 1066 782 582 350 425 16 702 700 494 530 1272 1288 130 87 932 1412 376 567 1202 1260 103 5 1267 147 1034 37 1219 29 1400 1198 379 437 452 409