On November 21, 2009 the sections of the Genetic Information Nondiscrimination Act (GINA) related to employment will go into effect. GINA was signed into law on May 21, 2008 by former president George Bush. Title I of the Act, which prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future, has been phased into effect since May 21, 2009 with all providers having to adhere by May 21, 2010 - depending upon when a particular group health "plan year" began.

Title II - the sections of the plan related to employment - take effect this Saturday. This section of the Act bars employers from using individuals’ genetic information when making hiring, firing, job placement, or promotion decisions.

The statute defines ‘genetic information’ as information about:
• an individual’s genetic tests (including genetic tests done as part of a research study);
• genetic tests of the individual’s family members (defined as dependents and up to and including 4th degree relatives);
• genetic tests of any fetus of an individual or family member who is a pregnant woman, and genetic tests of any embryo legally held by an individual or family member utilizing assisted reproductive technology;
• the manifestation of a disease or disorder in family members (family history);
• any request for, or receipt of, genetic services or participation in clinical research that includes genetic services (genetic testing, counseling, or education) by an individual or family member.

The statute defines ‘genetic test’ as an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes.

While this will certainly be an ever-changing issue - the implementation of such a law hopes to pave the way for people to take advantage of the promise of personalized medicine without the fear of being discriminated based upon the findings.