November 19, 2009 / Law Alert

GINA Interim Final Regulations: The Effect on Group Health Plans

The Department of Labor, the Department of Treasury, and the Department of Health and Human Services recently issued interim final regulations implementing certain health insurance nondiscrimination provisions of the Genetic Information Nondiscrimination Act (GINA). Plan sponsors and others responsible for administering group health plans need to take immediate action to ensure compliance with these new regulations that apply for plan years beginning on and after December 7, 2009. Among other things, group health plans that use health risk assessments for "underwriting purposes" or in connection with enrollment must make sure they comply with the new restrictions on collection of genetic information.