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Genetic and Rare Diseases Information Center (GARD)

Genetic Information Nondiscrimination Act (GINA) of 2008

The Genetic Information Nondiscrimination Act (GINA) of 2008 [Public Law 110-233, H.R. 493, S. 358] was signed into law by President Bush on May 21, 2008. The law prohibits health insurers and employers from discriminating on the basis of genetic information and sets a national baseline of protections from any such discrimination across the country. In the legislation, the term “genetic information” means a person’s genetic test results, the genetic test results of an individual’s family members and/or information about a genetic disease or disorder in family members.

GINA includes two sections, or "Titles". Title I became effective on May 21, 2009 and addresses the use and prohibition of misuse of genetic information in health insurance decision making. The Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury are responsible for issuing regulations and enforcing Title I. Title II will become effective on November 21, 2009 and will prohibit the use of genetic information in employment decision making. The Equal Employment Opportunity Commission is responsible for issuing regulations and enforcing Title II.

This fact sheet lists resources and organizations that provide information about the GINA law.


The GINA Legislation(Back to Top)

Read the text of the GINA legislation as passed by the U.S. House of Representatives and the U.S. Senate on the Library of Congress THOMAS Web site. [http://thomas.loc.gov/home/gpoxmlc110/h493_enr.xml]

Read the President’s remarks at the signing of the law in a White House news release, "President Bush Signs H.R. 493, the Genetic Information Nondiscrimination Act of 2008." [georgewbush-whitehouse.archives.gov]

Read the summaries by the Genetics & Public Policy Center (in PDF) for Title I (health insurance provisions) and Title II (employment provisions) of the GINA legislation. Click on the links below to view:

Regulations and Guidance GINA’s Legislative History
  • The legislative history and chronology of GINA, 2007–2008, can be tracked on the following National Human Genome Research Institute page: [http://www.genome.gov/24519851]
  • Read more about GINA's legislative history on the Genetics & Public Policy Web site. [http://www.dnapolicy.org/gina/gina.history.html]
The Basics: What is GINA?(Back to Top)

Helpful Definitions Frequent Questions and Answers about GINA Contacts for Specific Questions(Back to Top)

  • General Questions
    You can send specific questions about the GINA legislation to the Genetic & Public Policy Center:
    The Genetics and Public Policy Center
    [http://www.dnapolicy.org/gina/]
    1717 Massachusetts Avenue, NW, Suite 530
    Washington, DC 20036
    E-mail: GINAinfo@jhu.edu
    Phone: 202.663.5971
    Fax: 202.663.5992
  • Employment Questions
    If you have specific concerns about employment discrimination, contact your local EEOC office. For the phone number of your local EEOC office, visit the EEOC Field Offices Web site. [http://www.eeoc.gov/offices.html]
  • Health Insurance Questions
    If you have specific concerns about health insurance discrimination, contact your state’s insurance commissioner. You can find your state’s insurance department’s Web site and contact information on the National Association of Insurance Commissioners Web site. [http://www.naic.org/state_web_map.htm]
Organizations to Help You Learn More(Back to Top)

U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a person in the workplace.

National Human Genome Research Institutes (NHGRI), National Institutes of Health

The NHGRI mission encompasses a broad range of studies aimed at understanding the structure and function of the human genome and its role in health and disease. A critical part of the NHGRI mission is the study of the ethical, legal, and social implications (ELSI) of genome research. For information on genetic discrimination and GINA, visit http://www.genome.gov/10002077.

Coalition for Genetic Fairness

The Coalition for Genetic Fairness addresses the growing concern surrounding the misuse of genetic information in health insurance and employment decisions.

Genetics & Public Policy Center

The Genetics & Public Policy Center helps policymakers, the press, and the public understand and respond to the challenges and opportunities of genetic medicine and its potential to transform global public health.

The Genetics & Public Policy Center developed a Web site to provide information about GINA to a variety of audiences, including updates on pending regulations. You can visit the Project GINA Web site at http://www.dnapolicy.org/gina.

National Conference of State Legislatures

The National Conference of State Legislatures is a bipartisan organization that serves the legislators and staffs of the US. Among the resources of the National Conference of State Legislatures is a Web site outlining genetics laws and legislative activity. Users may choose a subject matter of interest and view a state-by-state chart of genetics legislation at: http://www.ncsl.org/IssuesResearch/Health/GeneticsLegislationDatabase/tabid/14408/Default.aspx

Resources(Back to Top)

For Health Insurers For Employers
  • Coalition for Genetic Fairness: For Employers [http://www.geneticfairness.org/ginaresource_employer.html]
  • National Conference of State Legislatures: Genetic Employment Laws [http://www.ncsl.org/default.aspx?tabid=14280]
For Clinicians and Healthcare Providers For Researchers



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