§1320d–9 Application of Hipaa Regulations to Genetic Information

Summary

The Secretary must change the HIPAA privacy rules so genetic information counts as health information and cannot be used or shared for underwriting by group health plans, health insurers, or issuers of Medicare supplemental (Medigap) policies. Key terms (one line each): genetic information, genetic test, family member — defined as in the Genetic Information Nondiscrimination Act; group health plan and health insurance coverage — meanings from that same law; Medicare supplemental policy — meaning from section 1395ss(g); HIPAA privacy regulation — the privacy rules made under HIPAA; underwriting purposes — using information to decide who can enroll or stay enrolled, set premiums, apply pre‑existing condition limits, or to create, renew, or replace insurance. The rule change had to be published in the Federal Register within 60 days after May 21, 2008, and took effect when published without prior public comment; it may be revised later after public comment. Plans or insurers that break the rule face the same penalties that apply to other HIPAA violations under sections 1320d–5 and 1320d–6.