What did GINA do? Created new national limits on the use of genetic information in health insurance and employment

Highlights:

· Prohibits health insurance companies from discriminating on the basis of genetic predispositions

· No private right to action -but private rights of action may be available under the federal laws that GINA revises as well as under similar state laws

Prohibits employers from requiring, requesting, or purchasing such genetic information about employees or family members except:

· Such a request if inadvertent

· Request is part of an employer-wellness program and voluntary

· Request is made to comply with the Family and Medical Leave Act (FMLA)

· Employer purchases commercially and publicly available info

· The information is used for legally required genetic monitoring for toxin exposure in the workplace and employee voluntarily participates with the written consent

· Employer conducts DNA analysis for law enforcement and quality control purposes.

· If an employer possesses info, it must be kept in a separate form separate from medical files

Amended: Employee Retirement Income Security Act (ERISA), the Social Security Act, and the Civil RightsAct.

Penalties: $100/day of noncompliance. Minimum rise to $15,000