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The Genetic Information Nondiscrimination Act (GINA) is a federal law that protects Americans from genetic discrimination by insurance companies and employers. GINA prohibits insurance companies from denying coverage or increasing premiums based on genetic test results, but does not cover life insurance, disability insurance, or long-term care insurance. GINA also prohibits employers from considering genetic information in hiring, firing, or other placement decisions. The law was passed in 2008 after years of debate and opposition from some groups.
Signed into law in May 2008, the Genetic Information Nondiscrimination Act is the federal mandate passed by the United States Congress that protects Americans from genetic discrimination, or geneism. It addresses cases of discrimination against patients and workers by, respectively, health insurance companies and/or employers. A genetic discrimination case might involve an insurance company denying coverage to someone genetically predisposed to contracting a particular disease.
The Genetic Information Nondiscrimination Act prohibits insurance companies, which offer group or individual coverage, from increasing premiums or denying an application outright based on genetic test results. The Act does not cover life insurance, disability insurance, or long-term care insurance. The Genetic Information Nondiscrimination Act is commonly referred to as GINA and also prohibits employers from considering the same genetic information in hiring, firing, or other placement decisions.
The GINA passed easily in both the Senate and the House of Representatives before President George W. Bush signed it into law on May 21, 2008. The health insurance portion of the legislation went into effect in May 2009, while the regulations of employers came into force in November 2009.
The creation of this law arose out of concern about the misuse of genetic information by insurance companies. Genetic test results are often included on a regular basis in medical records that insurance companies might use to determine coverage. That is, some people were concerned about the possibility that people’s genetic predisposition to developing a disease or condition in the future could influence insurance coverage decisions. Furthermore, if genetic test results could be used to deny employment or insurance coverage, some feared that it would encourage Americans to forgo testing and lose the ability to take steps to avoid or preemptively treat medical problems.
While there was overwhelming support in the final votes for this bill, this was a hotly debated topic. The conversations and proposals have been debated in both houses of Congress for about 13 years. The late Sen. Ted Kennedy, D-Mass., who worked on this legislation for more than a decade, called it the “first major new civil rights law of the new century” when it was signed. Those who opposed this legislation, including the National Association of Manufacturers, the United States Chamber of Commerce, and members of the Genetic Information Nondiscrimination in Employment Coalition, thought the law was addressing a problem believed, but not proven, to exist.
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