[ Monday, January 21, 2013 ]
Nugget 11: GINA regs: A big chunk of the Omnibus Rule is taken up with finalizing the regulations HHS proposed relating to the Genetic Information Nondiscrimination Act, which basically prohibits insurers and employers from using genetic information for underwriting or hiring purposes. HHS published a proposed rule on October 7, 2009. The Omnibus Rule basically finalized the proposed rule with very few changes. Mainly it prevents health plans, other than long term care insurance plans, from using genetic information for underwriting purposes.
Jeff [1:20 PM]
One specific issue is that health insurers that do underwriting must state explicitly in their NoPP that they will not use or disclose genetic information for underwriting purposes. Many health plans did so when the GINA legislation was passed, and so they don't need to do so again. As noted above for other NoPP changes, health plans don't need to send a new NoPP out now (although they should make the revisions now); they will meet the regulatory requirements if they send the revised NoPP out at their next annual mailing.
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