Under the new federal regulations for the Genetic Information Nondiscrimination Act (GINA), many health risk appraisals (HRA) will need to be overhauled, particularly those that focus on items such as family history.  Under the regs, many items typically asked on an HRA are now illegal.

Congress enacted GINA in response to a concern that employers, insurers, and benefit plans might begin to collect and then misuse genetic information.  While initially some thought the ban on the use of genetic information was limited, under the new regs it has been much more broadly defined to include family medical histories.  Because health risk appraisals often request information on family medical history, most HRAs are subject to GINA’s new rules.

At a minimum, employers should carefully review their HRAs, whether performed internally or much more commonly by an outside vendor, and ensure that none of the items pose an issue under GINA.

GINA is effective November 21, 2009.