President Bush Signs Genetic Information Nondiscrimination Act into Law

On Wednesday, May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (GINA), historic legislation protecting Americans from discrimination based on the results of genetic testing. The bill was recently passed by Congress with strong bipartisan support after a 13-year struggle and dedicated efforts by a coalition of healthcare and other advocacy organizations, including the National Hemophilia Foundation (NHF).

The new law prevents employers and insurance companies from either requiring genetic test results or from using genetic information as the basis for decisions concerning employment or insurance coverage. The health insurance protections afforded by GINA are expected to roll out in one year. The employment protections will be in place within 18 months. The legislation protects against genetic discrimination by health insurers or employers by prohibiting:

• Group health insurance plans and issuers offering coverage on the group or individual market from basing eligibility determinations or adjusting premiums or contributions on the basis of an individual's genetic information. Insurance companies cannot request, require or purchase the results of genetic tests, or disclose personal genetic information.
  
  
• Issuers of Medigap policies from adjusting pricing or conditioning eligibility on the basis of genetic information. They cannot request, require or purchase the results of genetic tests, or disclose personal genetic information.
  

Employers are prohibited from firing, refusing to hire, or otherwise discriminating with respect to compensation, terms, conditions or privileges of employment. Employers may not request, require or purchase genetic information or disclose personal genetic information. Similar provisions apply to employment agencies and labor organizations.

For additional information or answers to questions about GINA and how it impacts individuals, please go to http://www.geneticalliance.org/ginaresource and you will see a very well written, informational guide to the Genetic Information Nondiscrimination Act called "What does GINA mean to me?"