GINA - Genetic Information Nondiscrimination Act
3. Can a group health plan require that participants or beneficiaries undergo genetic testing if the testing is conducted for research purposes?
No, group health plans cannot require genetic testing for research purposes, but they can request it if certain criteria are met. The criteria are:
- the request must be written;
- the research must comply with existing law regulating the use of human research subjects;
- participation must be entirely voluntary;
- the plan or insurer must make clear that non-participation will not adversely affect enrollment status or premium or contribution amounts;
- the plan or insurer cannot use genetic information collected for underwriting purposes; and
- the plan or insurer must notify the Secretary of Health and Human Services about the research and comply with applicable regulations.
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