Genetic Information Non-Discrimination Act of 2008
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Video Transcription
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>> Hello, everyone.
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My name is Chris and I'm
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Cybrary's instructor for its US privacy course.
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I hope you're having a great day wherever
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you are on Google Earth.
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It's a little bit overcast here in
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>> the State of Maryland.
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>> But my day is going well
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because I had the opportunity once again to
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talk to you about important
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privacy-related concepts and topics.
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In Lesson 6.3, we're going to look at
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the Genetic Information Non-Discrimination Act
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of 2008 that also amends HIPAA.
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GINA is one of when those laws that
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many people don't have familiarity with,
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so I thought I'd include it in our discussion.
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We're going to talk about GINA's purpose,
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we're going to talk about
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its health care
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insurance non-discrimination protections,
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and we're going to conclude with a discussion on
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its employment non-discrimination protections.
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Let's talk about GINA.
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GINA to me is a very important law.
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It was enacted in May of 2008.
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What it does is it
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provides protections to individuals against
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discrimination based on the potential that
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they might be predisposed to
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a genetic illness or disorder,
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but has not yet manifested itself.
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GINA protects them for health care coverage,
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group health care coverage, and for employment.
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I can personally attest the importance of
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this law because both of my parents died of cancer.
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What GINA does is it provides me
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with those protections so that
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a prospective employer and
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health insurance company itself
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can't discriminate against me just because I
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might be predisposed to cancer,
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but it has not yet manifested itself.
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Now we divide GINA into two parts.
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GINA's Title 1 habits discrimination
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based on genetic information in health coverage.
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It's Title 2 that prohibits discrimination
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based on genetic information in employment,
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which is extremely important.
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Let's talk about GINA in greater detail.
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Now, GINA amends certain laws.
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Not only does it amend HIPAA it also amends
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the Employee Retirement Income Security Act of 1974,
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it amends the Public Health Service Act,
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it amends the Internal Revenue Code of 1986,
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it amends Title 18 of the Social Security Act
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as it relates to Medigap,
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it provides privacy and confidentiality protections.
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Let's talk about GINA in the sense of what does
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it do for us beyond what I've already stated.
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Now, GINA doesn't apply
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to life insurance or other types of insurance.
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It prohibits health insurers or
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health plan administrators from requesting or
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requiring genetic information on an individual,
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with individual's family members,
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or using that information for decisions regarding
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coverage rates or pre-existing conditions.
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It also provides protections in the case of
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employers from using
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genetic information for hiring, firing,
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or promotion decisions and
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any decisions regarded as terms for employment.
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How did we define genetic information under GINA?
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It refers to an individual's genetic tests,
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genetic tests of individual family members to
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find its dependence on up to and
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including fourth-degree relatives,
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genetic tests of any fetus of
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an individual or family member who is pregnant,
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genetic tests of any embryo legally held by
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an individual or family member
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using assisted reproductive technology.
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It refers to the manifestation of a disease or
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disorder and family members
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looking at a family's histories,
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or any requests for receipt of
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genetic services or participation in
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clinical research and includes
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genetic services to include genetic testing,
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counseling, or education by
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an individual or a family member.
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Now, GINA does not consider
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the following genetic information
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as being protected under that,
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which does not include information about
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the sex or age of any individual.
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GINA is enforced by several federal agencies.
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The Department of Labor,
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the Department of Treasury,
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and the Department of Health and Human Services
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are responsible for the enforcement of Title 1 of GINA.
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It's the Equal Employment Opportunity Commission that's
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responsible for the enforcement of GINA's Titled 2.
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It's under Title 2 that individuals may also have
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a right to a private right of
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action or private litigation.
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Let's talk about what GINA does not do.
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GINA's health coverage non-discrimination protections
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do not extend to life insurance,
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disability insurance, or long-term care insurance.
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It does not mandate coverage for
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any particular test or treatment.
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Its employment provisions generally don't apply to
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employers with fewer than 15 employees.
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The health coverage by
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a health insurer or to individuals
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>> GINA does not prohibit
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>> the health insurer from determining eligibility or
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premium rates for an individual
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based on the manifestation of a disease,
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a disorder in that individual.
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GINA also does not prohibit
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health insurers or
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health care administrators from obtaining
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and using genetic test results and making
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health insurance payment determinations.
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Let's look at Question 1.
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Question 1 asks,
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"GINA provides
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which anti-discrimination
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>> protections to individuals who
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>> have not manifested signs or
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symptoms of a genetic disorder?"
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The answers are A and C. Question 2 asks,
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"GINA does not provide protections
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in which of the following cases?"
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The appropriate answers are A, B, C,
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and D. One thing I'd
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like to mention about GINA before we talk
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about the summary is
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GINA itself also provides coverage in
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protections for individuals applying
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for group health insurance as
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part of trade union associations and along those lines.
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Another thing GINA does is it
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requires the Secretary of Health and Human
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Services to now include genetic information as
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one of the 18 identifiers
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for protected health information.
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In summary, GINA protects
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individuals against discrimination based on
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an individual's predisposition to
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a genetic disorder or
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genetic illness that has not yet manifested itself.
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It amends several laws that I mentioned earlier.
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It protects us from discrimination from
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a health insurance perspective
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or an employment perspective.
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There are certain circumstances in which GINA does not
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provide genetic
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information anti-discrimination protections,
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which I've already mentioned.
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I think GINA's important law as I
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share my personal story with you.
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There have been cases in the past
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where individuals that might have been
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predisposed to a genetic illness
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or disorder have been discriminated against.
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This law provides them with protection from
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a health insurance and an employment perspective.
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For those of you that are solely working in
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the public sector,
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I encourage you to review
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this law because it's important.
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I also encourage those
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in the private sector that are working
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in supporting health care industry companies,
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organizations, and institutions to
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familiarize yourself with GINA also.
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As always, it's my pleasure to be your instructor.
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I thoroughly enjoy discussing
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important privacy-related concepts and topics.
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