Genetic Information Nondiscrimination Act (GINA)

What is GINA?

The Genetic Information Nondiscrimination Act, or GINA, is a federal law designed to protect individuals from genetic discrimination in health insurance and employment. GINA prohibits employers and health insurers from using your genetic information to make decisions about your coverage, employment, or premiums.

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Key Provisions of GINA:

1. Protection in Employment:

   • Employers with 15 or more employees cannot discriminate against you based on your genetic information.

   • You are not required to disclose your genetic test results or family medical history to your employer.

2. Protection in Health Insurance:

   • Health insurers cannot request or use your genetic information to deny you coverage or set your premiums.

3. Privacy Safeguards:

   • GINA strictly protects the confidentiality of your genetic information.

   • Health professionals and employers are legally required to keep your genetic information confidential.

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What Does GINA Cover?

GINA covers genetic information, which includes:

• Information about genetic tests you and your family have undergone.

• Family medical history, as it relates to genetic conditions.

• Genetic counseling and genetic services.

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What GINA Does NOT Cover:

• GINA does not protect against genetic discrimination in life insurance, disability insurance, or long-term care insurance.

• It does not cover discrimination based on non-genetic health conditions.

• GINA does not prevent your family members from sharing their own genetic information with insurers or employers.

• It does not cover discrimination based on manifestation of symptoms.  See the Americans with Disabilities Act for more information.  

• GINA does not cover federal employees or members of the military.
   

Exempt Insurance Payors:

The following healthcare insurers are exempt from many GINA-related restrictions. 

• Tricare

• Veterans' Health Benefits

• Indian Health Service

• Federal Employee Health Benefits Plan

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Why is GINA Important?

GINA is important because it ensures that you can undergo genetic testing and seek genetic counseling without fearing discrimination. This law encourages individuals to make informed decisions about their health and genetic risk factors.

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Your Rights Matter:

Your genetic information should not be a barrier to accessing quality healthcare or pursuing employment opportunities. GINA exists to protect your rights and ensure that your genetic information is kept confidential. If you have any concerns or encounter potential violations, seek legal advice and take appropriate action to safeguard your rights under GINA.

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State-level Protections

Some states have additional protections beyond what GINA provides.  The State of Missouri offers additional protection of your genetic information under 375.1309.

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