Genetic Information Nondiscrimination Act

Congress wrote its reasons into the law. It found a compelling public interest in relieving the fear of discrimination based on genetic information, and it noted that a patchwork of state and federal laws had left Americans worried that such information could be used against them, a worry that kept some people from genetic testing and from new therapies.

The House passed H.R. 493 on 25 April 2007. The Senate passed an amended version on 24 April 2008, the House accepted it on 1 May, and the act was signed on 21 May 2008.

The law defines genetic information broadly. It covers a person's own genetic tests, the genetic tests of family members and the appearance of a disease or disorder in family members, which is to say family medical history, along with genetic services and taking part in genetic research. Health insurers may not use it to decide eligibility, coverage, underwriting or premiums, and they may not request or require that a person or a relative undergo a genetic test, with exceptions for clinicians providing care and for research that follows the act's rules. Employers may not use genetic information in hiring, firing, promotion, pay or job assignments.

The health insurance rules applied to group health plans for plan years beginning more than a year after enactment, and the employment rules took effect 18 months after enactment. The National Human Genome Research Institute notes that the protections do not extend to life, disability or long-term care insurance, although individual states may offer additional protections.