In an age where genetic testing is becoming more prevalent, safeguarding genetic information has become a top priority. The Genetic Information Nondiscrimination Act (GINA) is a federal law designed to prevent discrimination based on genetic information in health insurance and employment. Let’s take a closer look at GINA and what it means for your employee benefits program.
Understanding GINA
GINA was enacted in 2008 to prohibit health insurers and employers from discriminating based on genetic information. The Act is divided into two parts: Title I, which prohibits genetic discrimination in health insurance, and Title II, which prohibits genetic discrimination in employment.
For employers, this means it’s unlawful to use genetic information in making decisions related to any terms, conditions, or privileges of employment, including fringe benefits.
Implications of GINA for Employee Benefits
Title I of GINA is particularly relevant to employee benefits programs. It stipulates that health insurers cannot:
- Use genetic information to make eligibility determinations.
- Adjust premium or contribution amounts based on genetic information.
- Request or require an individual or a family member to undergo a genetic test.
These provisions directly apply to group health plans provided by employers. So, employers need to be cautious about any practices that may inadvertently violate GINA.
Tips for Staying GINA Compliant
Here are some strategies for ensuring your benefits program is in compliance with GINA:
Understand What Constitutes Genetic Information: GINA’s definition of genetic information is broad. It includes not only information about an individual’s genetic tests but also the genetic tests of family members and the manifestation of a disease or disorder in family members (family medical history).
Educate Employees and Managers: Train managers, human resources staff, and employees about what constitutes genetic information and why it’s important not to collect or disclose it.
Revisit Your Health Risk Assessments (HRAs): HRAs often ask for family medical history. While these are not prohibited under GINA, they must be designed in a way that any genetic information disclosed is provided voluntarily, and no rewards or penalties are associated with completing this part of the assessment.
Review Incentive Programs: Wellness programs that reward employees for achieving certain health outcomes must be designed to comply with GINA. For example, a program that rewards employees for lowering their cholesterol levels should not penalize or fail to provide rewards to an employee whose genetic information indicates a predisposition to high cholesterol.
Ensure Confidentiality: Any genetic information obtained must be treated as a confidential medical record and kept separate from general personnel files.
Craft Policies and Procedures: Create policies and procedures that align with GINA’s requirements. These should include processes for handling genetic information, privacy protections, and training programs.
Staying compliant with GINA is critical for any employer offering a group health plan. The penalties for non-compliance can be severe, including fines and liability for damages in lawsuits by employees. By understanding GINA’s requirements and implementing practices to comply with them, you can protect your organization and create a more inclusive and supportive benefits program.
