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Health Plan Open Enrollment: Effect of GINA
Jones Day Link to more items from this source
[Guidance Overview]
Oct. 7, 2009
Excerpt: On October 1, 2009, the Department of Labor and the Centers for Medicare & Medicaid released interim final rules and the Internal Revenue Service ('IRS') issued temporary and final rules to implement certain provisions of GINA, including the prohibition on the collection of genetic information by group health plans and group health insurance issuers. These rules, which will become effective on December 7, 2009, will have an immediate impact on the information that can be requested, required, or purchased from individuals in connection with enrollment or for underwriting purposes, particularly the continued use of health risk assessments (referred to in this Commentary as 'HRAs') and wellness programs. Because many employers are in the process of soliciting information from employees and their dependents in connection with annual open enrollment, immediate action may be required to comply with the new rules. Monetary penalties may apply in the case of violations that are not corrected promptly.

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