GINA

• Created new national limits on the use of genetic information in health insurance and

employment

• Prohibits employers from requiring, requesting, or purchasing such genetic information about

employees or family members except:

• Such a request if inadvertent

• Request is part of an employer-wellness program and voluntary

• Request is made to comply with the Family and Medical Leave Act (FMLA)

• Employer purchases commercially and publicly available info

• The information is used for legally required genetic monitoring for toxin exposure in the workplace and employee voluntarily participates with written consent

• Employer conducts DNA analysis for law enforcement and quality control purposes.

• If employer possesses info, it must be kept in a separate form separate from medical files

• No private right to action -but private rights of action may be available under the federal laws

that GINA revises as well as under similar state laws.

• Amended: Employee Retirement Income Security Act (ERISA), the Social Security Act, and the

Civil Rights Act.

• Penalties: $100/day of noncompliance. Minimum can rise to $15,000