GINA Compliance for Welfare Plan Sponsors

Advise your clients on compliance issues under the Genetic Information Nondiscrimination Act of 2008 (GINA), Pub. L. No. 110-233, for employer welfare plans, specifically group health plans and wellness programs. Ensure individuals are protected against discrimination in health insurance coverage and employment based on their genetic information. Get up to speed on key definitions and concepts under GINA, review the prohibitions on the collection and use of genetic information and other rules in the context of group health plans, and compare GINA’s requirements to your clients’ wellness programs and health risk assessments.

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Related Content

• Genetic Information Nondiscrimination Act (GINA) Employment Discrimination Prohibitions
  Focus on what employers need to know to understand and comply with the requirements of GINA and defend against potential GINA claims in this practice note from Betsy Johnson of Ogletree Deakins, Nash, Smoak & Stewart. Address how GINA regulates genetic testing results by prohibiting employers from using genetic information in making employment decisions; prohibiting employers and other related entities from requesting, requiring, or purchasing genetic information; and requiring employers to maintain genetic information as a confidential medical record and placing strict limits on employers' disclosure of genetic information.
• Wellness Program Design and Compliance
  Evaluate regulatory considerations in designing and operating a wellness program including, but not limited to, the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code (IRC), the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), the Patient Protection and Affordable Care Act (ACA), GINA, and the Americans with Disabilities Act (ADA).
• ACA Impact on IRC § 105(h) Group Health Plan Nondiscrimination Rules
  Understand how the ACA requires fully insured group health plans to satisfy the non-discrimination requirements of IRC § 105(h)(2) under “rules similar” to those already applicable to self-funded group health plans in this practice note from Belinda S. Morgan, Casey D. Knapp, and Hannah R. Demsien of Foley & Lardner.

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