Comment Period Opens on Proposed GINA Health Insurance Rules
The October 7, 2009 edition of the Federal Register will publish interim rules implementing the Genetic Information Nondiscrimination Act’s prohibition against discrimination in the administration of health insurance coverage and group health plans. The federal agencies involved (Labor; Health and Human Services; IRS) are requesting comment on the interim rules, which will take effect 60 days after their publication (December 6, 2009).
The interim rules implement GINA’s prohibition against health benefit plans and health insurance companies increasing rates based on genetic information; requesting or requiring genetic tests; and requesting, requiring or purchasing genetic information for use in connection with enrollment or underwriting. These interim rules follow upon the EEOC’s proposed rules regarding GINA’s application to employment practices, which were issued earlier this year.
In our prior article, “The Surprising Breadth of GINA’s Protections,” we noted that the definition of “genetic information” in the EEOC’s regulations includes family medical history information. This information may not itself be genetic in nature but may reveal the occurrence of a genetically-based disease in the individual’s family. That same broad definition is incorporated into the interim regulations for health insurance coverage and group health plans.
Comments on these interim rules may be submitted through the federal eRulemaking portal. Comments are due 90 days following the publication of the interim rules, or by January 5, 2010. For questions regarding the application of these interim rules to health insurance coverage and group health plans, please contact David Ball or any member of SZD’s Health Law Practice Group.
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