New GINA Regulations Release

The newest GINA regulations issued by the US Department of Labor, the IRS and the Department of Health and Human Services go into effect for plans on December 7, 2009. The Genetic Information Non-discrimination Act will not be violated by employers and employees across the nation.

GINA guards employers against gathering information on employees’ genetic makeup, and against making employment decisions based on that information. The GINA poster needs to be displayed in the workplace. This is prominent regulation.

The new GINA is interpreted broadly. In addition, employees’ requests for or receipt of genetic services, and family medical history are all included in GINA. This includes any manifestation of a disease or disorder in the employee’s family members including dependents plus all relatives to the fourth degree without regard to whether they are related by blood, marriage or adoption. This would include current medical information about an employee’s children, spouse, grandparents, great-grandparents, parents, aunts and uncles, and first cousins.

GINA has two titles. Title I prohibits employers from increasing group health premiums or contributions based on genetic information. Title II also prohibits employers from using genetic or familial medical information in employment discrimination.

New Federal Posting Requirement - GINA Poster

Employers are required to display a new federal poster, GINA poster. The GINA poster must be displayed in workplace where all employees can see. That is effective on November 21, 2009. The new federal posting requirement applies to virtually every employer, even if they never engage in genetic testing.

Under GINA (Genetic Information Nondisclosure Act of 2008), employers are prohibited from gathering information on an employee’s genetic makeup. Employers are also not allowed to considering an employee’s genetic information in making employment decisions.

Based on genetic information, health insurance providers cannot discriminate against consumers. The GINA prohibition on gathering genetic information also includes taking information on an employee’s family medical history.

GINA covers depression, schizophrenia, and bipolar disorder and other kinds of metal health conditions. One of the concerns is that employees will forgo genetic t4esting because they fear discrimination in the workplace, or from health insurance companies. Employers are also prohibited from gathering an employee’s family medical history in more traditional ways under the GINA law.

Every employer covered by Title VII of the Civil Rights Act of 1964 must display a GINA poster in the workplace. Generally speaking, that is every employer with 15 or more workers, including businesses and non-profits. GINA poster is also required to display in state and local governments, unions, labor organizations, employment agencies and the federal government.