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

Summary

The Secretary must change the HIPAA privacy rules so genetic information is treated like health information. Group health plans, health insurers, and issuers of Medicare supplemental (Medigap) policies may not use or share a person’s genetic information for underwriting. Underwriting means deciding who can enroll or stay enrolled, calculating premiums or contributions, applying pre‑existing condition exclusions, and other actions tied to creating, renewing, or replacing health coverage. The law uses the meanings of “genetic information,” “genetic test,” and “family member” from section 300gg–91, and the meanings of “group health plan” and “health insurance coverage” from the same place, and “medicare supplemental policy” from section 1395ss(g). The rule change had to be published in the Federal Register no later than 60 days after May 21, 2008, and took effect when published without prior public comment, though it can be revised later after comment. Plans or insurers who violate the rule face the penalties in sections 1320d-5 and 1320d-6.