Genetic Information Discrimination Goes National

The Department of Health and Human Services has issued new interim rules governing how employers, insurers and health care professionals must protect genetic privacy and prevent discrimination based on genetic information.

The rules were issued under a law passed last year that amended federal civil rights and employment laws to prohibit employers from firing, refusing to hire or otherwise discriminating against employees based on genetic information. It also bans insurers from requiring genetic testing or using genetic information for underwriting or adjusting premiums.

Under the new rules, insurers are prohibited from increasing premiums, denying coverage or taking other adverse underwriting actions based on genetic information. The rules also prohibit the use or acquisition of genetic information for the purpose of making health coverage decisions.

The regulations also modify HIPAA privacy rules to clarify that genetic information is health information and to ban the use and disclosure of such information.

Massachusetts employers are already subject to a state law which prohibits discriminaiton based on genetic information.