We have had a number of inquiries about the applicability of Title II of the Genetic Information Non-Discrimination Act (GINA) to occupational medicine practice this week.
To clarify, the regulation includes this footnote: “GINA is not intended to limit the collection of family medical history by health care professionals for diagnostic or treatment purposes.”
To clarify, the regulation includes this footnote: “GINA is not intended to limit the collection of family medical history by health care professionals for diagnostic or treatment purposes.”
In addition, under the regulations, an employer may request family medical information to substantiate the need for family or medical leave. The regulations, which went into effect Monday, also allow family medical history questions as part of a wellness assessment as long as the questions are clearly identified as voluntary in nature.
The GINA prohibition on acquisition of genetic information, including family medical history, applies to medical examinations related to employment. For example, an employer must tell health care providers NOT to collect genetic information as part of an examination intended to determine the ability to perform a job.
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