GINA Compliance for Welfare Plan Sponsors

Summary

This practice note addresses compliance issues under the Genetic Information Nondiscrimination Act of 2008 (GINA) (Pub. L. No. 110-233, 122 Stat. 881) for employer welfare plans, specifically group health plans and wellness programs. GINA was enacted to protect individuals against discrimination in health insurance coverage and employment based on their genetic information. This note describes key definitions and concepts under GINA, provides a detailed look at the prohibitions on the collection and use of genetic information and other rules in the context of group health plans, and reviews the application of GINA to wellness programs and health risk assessments.