On May 21, 2008, President Bush signed H.R. 493, the Genetic Information Nondiscrimination Act (GINA) of 2008. This new law prohibits discrimination on the basis of genetic information with respect to health insurance and employment.
GINA prohibits health plans, insurers and employers from requesting, requiring or purchasing the results of genetic tests and also forbids them from disclosing genetic information.
The new law also prohibits employers from firing, refusing to hire or otherwise discriminating against employees with respect to compensation and other terms of employment.
GINA is not expected to have a very big impact. The Congressional Budget Office estimated that it would increase the number of individuals who obtain health insurance by about 600 people per year, nearly all of whom would obtain insurance in the individual market. The Health Insurance Portability and Accountability Act of 1996 already prohibits group health plans from discriminating based on genetic information.
GINA does not pre-empt state laws that provide greater protection.
