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From: OCR HIPAA
Privacy Rule information distribution [mailto:OCR-PRIVACY-LIST@...] On Behalf Of OS OCR PrivacyList, OCR
(HHS/OS)
Sent: Thursday, October 01, 2009
3:52 PM
To: OCR-PRIVACY-LIST@...
Subject: HHS OCR Issues GINA
Notice of Proposed Rulemaking
HHS OCR Issues GINA Notice of
Proposed Rulemaking
October 1, 2009
The U.S. Department of Health and Human Services (HHS) Office for Civil
Rights (OCR) has issued a notice of proposed rulemaking to strengthen privacy
protections for genetic information under the HIPAA Privacy Rule, as required
by the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA
gives individuals new privacy and nondiscrimination rights with respect to the
use of genetic information in health insurance decisions and employment.
The proposed rule would modify the HIPAA Privacy Rule to clarify that genetic
information is health information and to prohibit the use and disclosure of
genetic information by health plans for underwriting purposes. The
proposal includes a 60-day public comment period.
OCR developed this proposed rule after coordinating with the Department
of Labor (DOL), the Centers for Medicare and Medicaid Services (CMS), and the
Department of the Treasury (Treasury), which have responsibility for issuing regulations
under GINA Title I to prohibit discrimination based on genetic information by
group health plans and health insurance issuers, and with the Equal Employment
Opportunity Commission (EEOC), which has responsibility for issuing regulations
under GINA Title II to prohibit discrimination based on genetic information by
employers. Additionally, the National Institutes of Health was consulted
in the development of the rules.
You may view the OCR NPRM, the DOL/CMS/Treasury interim final rule, and
the EEOC NPRM on our website: http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/genetic/index.html.
The public is invited to comment on this proposed rule. Once
published in the Federal Register, the proposed rule will be available for
public comment at www.regulations.gov.
This email is being sent to you from the OCR-Privacy-list listserv, operated by the Office for Civil Rights (OCR) in the US Department of Health and Human Services.
This is an announce-only list, a resource to distribute information about the HIPAA Privacy and Security Rules. For additional information on a wide range of topics about the the Privacy and Security Rules, please visit the OCR Privacy website at http://www.hhs.gov/ocr/privacy/index.html. You can also call the OCR Privacy toll-free phone line at (866) 627-7748. Information about OCR's civil rights authorities and responsibilities can be found on the OCR home page at http://www.hhs.gov/ocr/office/index.html.
If you believe that a person or organization covered by the Privacy and Security Rules (a "covered entity") violated your health information privacy rights or otherwise violated the Privacy or Security Rules, you may file a complaint with OCR. For additional information about how to file a complaint, visit OCR's web page at http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html.
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