Chapter 8: Medical Privacy
GINA Preemption and State Genetic Laws
GINA is a floor and does not preempt stricter state law. Because GINA leaves life insurers, mortgage lenders, and schools untouched, states like California (CalGINA) extend protections to areas such as housing, lending, education, and life or long-term care insurance.
Floor, not ceiling
GINA provides a floor of minimum protection against genetic discrimination and does not preempt stricter state laws.
Because federal GINA does not reach life insurers, mortgage lenders, or schools, CalGINA (2011) extended protections to emergency medical services, mortgage lending, housing, education, and state-funded programs. Other states protect against genetic discrimination in life, disability, and long-term care insurance.
Key terms - quick answers
What is “CalGINA”?
California's 2011 genetic nondiscrimination act extending protections to emergency services, mortgage lending, housing, education, and other state-funded programs.