Genetic Nondiscrimination Rules Published

On October 7, 2009, CMS published an interim final rule with comment period implementing sections certain provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA) that prohibit discrimination based on genetic information in health insurance coverage and group health plans.  These interim final regulations are effective on December 7, 2009; comments will be accepted until January 5, 2010. In a related development, the Department of Health and Human Services (HHS), Office for Civil Rights, also published a proposed rule on October 7 that would modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy standards to implement GINA provisions addressing the privacy and confidentiality of genetic information and make certain other changes to the HIPAA privacy rule. Comments will be accepted until December 7, 2009.

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