Genetic Information Nondiscrimination Act (GINA)
GINA (2008) bars health insurers from discriminating on genetic predisposition absent manifest symptoms and bars employers from using genetic information in employment decisions. It amended ERISA, the Social Security Act, and the Civil Rights Act, with narrow exceptions and confidentiality requirements.
GINA prohibits health insurers from discriminating based on genetic predisposition absent manifest symptoms or requiring applicants to undergo genetic testing, and prohibits employers from using genetic information in employment decisions, including against someone whose family member manifested a disease.
GINA amended ERISA (no premium adjustments or required genetic testing for group plans, except voluntary research testing with notice), the Public Health Service Act (individual market), the Social Security Act (Medicare supplemental), and the Civil Rights Act (employment). The ERISA penalty is $100 per day of noncompliance per participant, with minimums that can rise to $15,000.
Employer requests for genetic information are barred unless an exception applies: inadvertent requests, voluntary wellness programs with written authorization, FMLA compliance, commercially/publicly available materials, legally required toxin monitoring with written authorization, and DNA quality-control for law enforcement labs. Any such information must be kept in separate, confidential medical files. GINA itself has no private right of action, though the amended laws may provide one.