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. It prohibits discrimination based on genetic information and prevent employers and health insurances companies from using the genetic information when. You and your dependents cannot be required to undergo genetic testing. The genetic information nondiscrimination act gina pdf was signed into law on may 21, 2008. An overview of 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. Full codification information at legal information institute. Title ii of the genetic information discrimination act gina prohibits discrimination on the basis of genetic information.
Employers from requesting and disclosing genetic information about their employees except as specifically allowed by this law. Apr 05, 2011 on may 21, 2008, president bush signed the genetic information nondiscrimination act of 2008 gina into law, following overwhelming support in both the house and senate. Gina was signed into law on may 21, 2008, by president bush to protect americans from being unfairly treated due to differences in their dna that could affect their health. Genetic information nondiscrimination act of 2008 running. Genetic information nondiscrimination act gina semantic scholar. Yet the concerns were in place even before the first genetic tests were formulated, and. One example, in the us, is the genetic information nondiscrimination act gina of 2008 hudson et al. These provisions amend the employee retirement income security act erisa, administered by the department of labor. The genetic information nondiscrimination act of 2008 gina prohibits the following. Under the genetic information nondiscrimination act of 2008 gina, genetic information cannot be requested, required or purchased for underwriting purposes or before enrollment. Genetic information nondiscrimination act of 2008 title i. Page 1 genetic information nondiscrimination act of 2008 overview on may 21, 2008, president bush signed into law the genetic information nondiscrimination act of 2008 gina. The genetic information nondiscrimination act of 2008 gina congressional research service 1 introduction 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 genetic information nondiscrimination act of 2008 gina is a federal law that protects individuals from genetic discrimination in health insurance and employment. Dec 19, 2011 the genetic information nondiscrimination act of 2008 gina showing 14 of 25 pages in this report. Gina, which will take effect in 18 months, prohibits discrimination on the basis of genetic information, and makes changes to numerous laws. The genetic information nondiscrimination act of 2008 gina. Genetic information nondiscrimination act of 2008 welter. Some of the quandaries posed by genetic testing are discussed by korobkin and rajkumar. Nor can this information be used for decisions regarding coverage, rates, or. Genetic information nondiscrimination act of 2008 scholarly.
Although the eeoc rarely files suit seeking to redress violations of the genetic information nondiscrimination act of 2008 gina, on october 31, 2016, the united states district court for the eastern district of new york entered a three year consent decree against a new york home health agency in a class action brought by the eeoc which alleged violations of title ii of the act. The genetic information nondiscrimination act of 2008 an act to prohibit discrimination on the basis of genetic information with respect to health insurance and employment. Genetics information nondiscrimination act of 2008 1 studymode. The bill had passed the senate unanimously and the house by a vote of 414 to 1. Congress enacted title ii of the genetic information nondiscrimination act of 2008 gina, codified at 42 u. On october 30, 2015, the eeoc published the proposed rule the genetic information nondiscrimination act of 2008 in the federal register 80 fr 66853.
Yet the concerns were in place even before the first genetic tests were formulated, and many forwardthinking individuals worked to make. Genetic information nondiscrimination act gina of 2008. Title i of gina prohibits discrimination based on genetic information in health. The act bars the use of genetic information in health insurance and employment. Title i of gina amends portions of the employee retirement income security act erisa, the public health service act, and the internal revenue code to address the use of genetic information in health insurance. Keeping pace with the times the genetic information.
Genetic information nondiscrimination act of 2008 source. Electronic code of federal regulations ecfr title 29. Genetic information nondiscrimination act of 2008 title ii of the genetic information nondiscrimination act gina of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of. Amendments to regulation under the genetic information. End further info end preamble start supplemental information supplementary information. Genetic discrimination is the misuse of genetic information. The previous comment deadline was december 29, 2015. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. Discrimination against employees or applicants because of genetic information. Gina covers employers with 15 or more employees, including state and local governments.
Legislative history president bush signs genetic information nondiscrimination act of 2008. Facts about the genetic information nondiscrimination act. Background information for eeoc final rule on title ii of the. Title i of gina amends portions of the employee retirement income security act erisa, the public health service act, and the internal revenue code to. The genetic information nondiscrimination act gina was hailed as the. Nov 21, 2009 the genetic information nondiscrimination act gina became law on may 21, 2008.
The united states code is meant to be an organized, logical compilation of the laws passed by congress. The genetic information nondiscrimination act of 2008 gina protects individuals genetic information2 from being used by employers, health plans and issuers in a discriminatory manner. Genetic information nondiscrimination act of 20081. Many organizations endorse the genetic information nondiscrimination act gina. Genetic information nondiscrimination act of 2008 gina the genetic information nondiscrimination act of 2008 gina prohibits discrimination in group health plan coverage based on genetic information. Ultimately, a gina framework will likely combine mcdonnell. After years of advocacy, the genetic information nondiscrimination act hr 493, or gina, finally passed both houses of congress with strong bipartisan effort. The genetic information nondiscrimination act of 2008 gina is a federal law that protects people from genetic discrimination in health insurance and employment. House approved the senate version of the genetic information nondiscrimination act of 2008 today in a 4141 vote. Genetic information 2 the purpose of genetic information nondiscrimination act of 2008 gina after a long waited decision, the genetic information nondiscrimination act of 2008 was finally signed by president george w. The genetic information and nondiscrimination act gina. Title i of the genetic information nondiscrimination act of 2008 gina includes provisions that generally prohibit group health plans and health insurance issuers from discriminating based on genetic information.
The genetic information nondiscrimination act of 2008 p. Gina provides a baseline level of protection against genetic discrimination for all americans. Genetic information nondiscrimination act of 2008 gina. Genetics information nondiscrimination act of 2008 1. Genetic information nondiscrimination act of 2008 2008 was a big year for those fighting for disability rights, and not just because of the adaaa. Gina genetic information nondiscrimination act of 20081. Title ii of the genetic information nondiscrimination act gina protects individuals against employment discrimination on the basis of genetic information.
This article examines the fear and reality of genetic discrimination in the united states, describes how congress sought to prohibit such discrimination by passing the genetic information nondiscrimination act of 2008 gina, and. Genetic information cannot be used to adjust premiums or contributions. Health insurers are prohibited from requiring or requesting information of an individual or an individuals family members. Genetic information nondiscrimination act of 2008 us. The genetic information nondiscrimination act of 2008 gina congressional research service 1 introduction 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 21st century, was enacted. The genetic information nondiscrimination act of 2008 gina prohibits discrimination in group health plan coverage based on genetic information. Selected issues showing 14 of 10 pages in this report. Gina expands the genetic information protections included in the health insurance portability and accountability act of 1996 hipaa. 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 gina. Researchers hope to combine genetic, environmental, clinical. Snowe celebrate passage of genetic information nondiscrimination act apr. On may 21, 2008, president bush signed the genetic information nondiscrimination act of 2008 gina into law, following overwhelming support in both the house and senate.
Glossarygenetic information nondiscrimination act of 2008 ginaa federal law prohibiting employment discrimination against employees and applicants based on genetic information 42 u. On may 21, 2008, president bush signed into law the genetic information nondiscrimination act of 2008 gina. The section of the law relating to health coverage title i. The genetic information nondiscrimination act of 2008 gina is the first new civil rights statute enacted since the federalism revolution of 19952001, in which the supreme court announced new limitations on congressional authority.
Genetic information nondiscrimination act of 2008, 4 isjlp 779 2008. Court approves three year consent decree in case brought. According to, the bill is expected to be signed by the president. May 26, 2015 gina of 2008 1 the genetic information nondiscrimination act of 2008, also referred to as gina, is a new federal law that protects americans from being treated unfairly because of differences in their dna that may affect their health. Genetic information nondiscrimination act of 2008 health. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Its in title viis genes, hofstra labor and employment law journal. Survey data suggest that many people fear genetic discrimination by health insurers or employers. Genetic information nondiscrimination act of 2008 2 genetic information nondiscrimination act of 2008 genetic information nondiscrimination act of 2008 is referred to as gina. 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 21st. Genetic information nondiscrimination act wikipedia. Genetics information nondiscrimination act of 2008 jacqueline arnold hca 322 instructor. The president signed the act into law on may 21, 2008.
The institute of electrical and electronics engineers of usa, for example, supported the legislation in a letter. The genetic information nondiscrimination act of 2008 gina is a federal law that protects individuals from genetic discrimination in health insurance and. Genetic information nondiscrimination act of 2008 published by eric a. Gina protects individuals against discrimination based on their genetic information in health coverage and in employment. This was the year that also saw the passing of the genetic information nondiscrimination act gina, pronounced geena.
On may 21, 2008, the genetic information nondiscrimination act of 2008. Before sharing sensitive information, make sure youre on a federal government site. Genetic information nondiscrimination act of 2008 2008. This bill protects all americans from the misuse of genetic information in the employment and health insurance decisions. Genetic information nondiscrimination act of 2008 and eeoc. The genetic information nondiscrimination act of 2008 pub. In fact, such discrimination has not yet been a significant problem. Genetic information nondiscrimination act of 2008 buchanan. Background information for eeoc final rule on title ii of. Genetic information nondiscrimination act of 2008 title ii of the genetic information nondiscrimination act gina of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Background information for eeoc final rule on title ii of the genetic information nondiscrimination act of 2008 the genetic information nondiscrimination act gina became law on may 21, 2008. June 9, 2008 volume 4, number 5 the genetic information nondiscrimination act of 2008 by eric n. Genetic information nondiscrimination act of 2008 genetic. 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.
Legislative history president bush signs genetic information nondiscrimination act of 2008 washington, wed. May 01, 2008 genetic information nondiscrimination act of 2008 published by eric a. The genetic information nondiscrimination act gina was signed into law by president g. There are six specific exceptions in which the general prohibition against. The genetic information nondiscrimination act of 2008. Genetic information helps you know and understand health conditions that run in.
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