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 more GINA protections, federal “fallback” enforcement is triggered and the Secretary of HHS is supposed to enforce these protections and fine the health insurer. Regulations issued by the federal government should provide more information about how coordination between state and federal enforcement will take place. Q. I get my health benefits through work and I think my group health plan may be discriminating against
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