GINA & HIPAA: Interim Final Rules and Privacy Proposed Rule Published
October 15, 2009
The next chapter in the ongoing effort by the federal government to narrow the permissible uses of personal health information by entities engaged in the health care industry has arrived. Building upon a foundation established by last year’s passage by Congress of the Genetic Information Nondiscrimination Act of 2008, a number of federal agencies have issued rules aimed at insurance industry participants’ use of genetic information. Some of the organizations likely impacted by these new rules include HMOs, Medigap policy issuers, and other health insurance issuers in the group and individual insurance markets. These new rules, which address the use of genetic information with respect to certain core insurance business functions (e.g., underwriting and enrollment), effect significant changes to the business of insurance and noncompliance could result in the exposure to significant financial penalties.
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