How do GINA health insurance protections work with existing state laws?
GINA mandates a minimum level of protection for genetic information. It does not disturb state laws that are more protective; for example, those that prohibit medical underwriting on the basis of any health status factors. Be sure to check with your state health insurance regulator to learn about your protections under state law. Q. When are states supposed to make their laws conform to new federal GINA standards? A. States health insurance regulations must conform by GINA’s effective date, which is May 21, 2009. After that date, if state protections do not meet GINA standards, federal enforcement can be triggered. Q. I am self-employed and buy my own policy. I think my health insurance company may be discriminating against me based on my genetic information. Whom should I call? A. Start with your state insurance department. States are authorized to enact provisions identical to those in GINA and enforce the standards of the law themselves. If states fail to enact or enforce one or mor
