Interesting Take for Those Dealing with Collegiate and Professional Athletes

GINA provides that health care plans cannot require a plan participant to undergo a genetic test to be eligible for coverage under a health care plan. Health care plans, whether insured or self-insured, group or individual plans, cannot prevent an individual's eligibility to enroll in the plan or adjust premium or contribution rates based on an individual or family member's genetic information. The Act provides that any reference to genetic information concerning an individual or family member includes genetic information of (a) a fetus carried by a pregnant woman; and (b) an embryo legally held by an individual or family member utilizing assisted reproductive technology.

This particular instance led to questions about the validation of MLB players' age status which has been questioned in recent years.  Nevertheless, GINA provides an exception for health care treatment in that a patient may undergo a genetic test or be advised on the provision of a genetic test or services through a wellness program and not run afoul of the law. With respect to federal medical privacy laws, GINA specifically amends the Health Insurance Portability and Accountability Act (HIPAA) by adding the category of genetic information to the list of health-related information that is "protected health information" under HIPAA.