HIPAA Administrative Simplification

The Department of Health and Human Services (HHS) has proposed to modify provisions of the Standards for Privacy of Individually Identifiable Health Information issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The modifications will, among other changes, implement the Genetic Information Nondiscrimination Act of 2008 (GINA) regarding the privacy of genetic information. Title I of GINA prohibits discrimination in group premiums based on genetic information and limits the ability of health insurance providers to require individuals to undergo genetic testing. GINA also requires the Secretary of HHS to clarify HIPAA to reflect that genetic information is health information and to prohibit health plans from using or disclosing genetic information for underwriting purposes. Comments are due by December 7, 2009.

74 Fed. Reg. 51,698 (Oct. 7, 2009)