42 U.S.C. Chapter 21F

GINA limits how genetic information can be used.

The Genetic Information Nondiscrimination Act limits how group health plans and employers can request and use genetic information.

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What It Requires

The Basics for Employers.

A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.

Health Plans

Group health plans cannot use genetic information to set eligibility or premiums.

Employment

Employers cannot use genetic information in hiring, firing or promotion decisions.

Wellness Programs

A wellness program can ask for genetic information only with voluntary, written authorization and limited use of the results.

In Practice

How it plays out.

GINA has two parts that matter for benefits. Title II bars employers from using genetic information in employment decisions and from requesting it, with narrow exceptions. Title I limits how group health plans and carriers can use genetic information in coverage and pricing.

Genetic information includes genetic tests of the employee and family members, and family medical history. A wellness program that asks about family history, for example, can touch GINA even if it does not look like a genetic test.

The usual risk is a health risk assessment or wellness questionnaire. If it asks about family history or genetic tests, the program has to follow GINA’s rules on voluntary authorization and on incentives.

How We Help

Where This Shows Up in Your Plan.

Caregiver Support, Sick Time and Paid Leave: Benefits That Work With Your Health Plan

How leave and sick-time policies fit alongside your health plan.

Employer Benefits Guides: Eligibility, Plan Design, Life Events and Rules

Eligibility, plan design and life-event rules in one place.

First Steps

Reviewing programs.

Read the Questionnaire

Look for family history or genetic test questions.

Check Incentives

Confirm incentives for those questions follow the rules.

Get Written Authorization

Where required, get written voluntary consent.

Separate the Data

Store the information apart from personnel files.

Common Mistakes

Mistakes to avoid.

Family History Questions

These count as genetic information.

Incentives for Answering

Incentives tied to genetic information are limited.

Broad Surveys

Generic surveys can contain genetic questions.

Related Laws

Other Rules Employers Work With.

Sources

Laws and Rules Referenced

Genetic Information Nondiscrimination Act (42 U.S.C. Chapter 21F) — The statute or rule text from its official or public source.

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