Enacted earlier this year, the Genetic Information Nondiscrimination Act (“GINA”) prohibits group health plans, health insurers, and employers from discriminating on the basis of an individual’s genetic information. While the Health Insurance Portability and Accountability Act ("HIPAA") already prohibits health plans and insurers from determining eligibility or charging individuals higher premiums on the basis of “health factors,” including genetic information, GINA goes further to prohibit health plans and insurers from (i) adjusting group premiums on the basis of genetic information; (ii) requiring (or even requesting) that an employee or a member of his or her family submit to a genetic test; and (iii) requesting, requiring, or purchasing genetic information for underwriting purposes. Although these new provisions are not effective until January 1, 2010 for calendar year plans, you should begin to review your health plans and the guidelines of your plans’ underwriters to ensure compliance.