The Genetic Information Nondiscrimination Act of 2008 (GINA) prevents employers and health insurers from discriminating against an individual based on genetic information. Genetic information includes family health history and the results of genetic testing.
Medical Laws and Regulatory Guidelines are a diverse set of laws and regulations that cover things like patients rights and wishes, the ability to participate in ones own medical care, the protection of those with disability, the improvement of workforce safety, the ethical practice of business, the safety of medical products and devices, and the protection against discrimination based on health status/genetics. Below is a quick review:
Medical Laws and Regulatory Guidelines:
- Advance Directives
- A patients medical care decisions should they become incapable of making these decisions themselves (dementia, incapacitated, etc.) Advance directives include living will, durable power of attorney, and organ donation
- Americans with Disabilities Act Amendments Act (ADAAA)
- Prevents employers who have less than 15 employees from discriminating against individuals with disabilities and requires employers to make reasonable accommodations for employees with disabilities. Under this act, patients need to be allowed the same care as those without disabilities
- Clinical Laboratory Improvement Amendments (CLIA)
- Developed to improve the quality of laboratory testing by requiring certain quality control standards. This includes personnel proficiency testing and appropriate maintenance of laboratory equipment and instruments
- Consumer Protection Acts
- Ensures ethical and legal practices in business. A few examples include: the protection of consumers rights, investigating consumer complaints, and protecting consumers from fraudulent business, improper debt collection, and deceptive business practices
- Food and Drug Administration (FDA)
- Agency within the Department of Health and Human Services that oversees the use, production, and safety of medical products, medications, medical devices, tobacco, tobacco products, biologics, and special medical programs
- Genetic Information Nondiscrimination Act of 2008 (GINA)
- Prevents employers and health insurers from discriminating against an individual based on genetic information
- Health Information Technology for Economic and Clinical Health Act (HITECH)
- Promotes the transition from paper medical records to electronic medical records and the adoption of health information technology. The thought behind this was to improve patients ability to access their own health records so that they could actively participate in their health care decisions.
- Health Insurance Portability and Accountability Act (HIPAA)
- Specifies what is considered confidential information and is concerned with the security and protection of electronic health/medical records. Provides protection of patients private information, guarantees health insurance access, portability, and renewal by limiting the exclusion of some preexisting conditions and prevents discrimination based on a person's medical history and health status
- Public Health and Welfare Disclosure
- Provides protection for sharing information in order to protect the health of a population. Allows certain protected health information to be released without patient authorization (this act is recognized by HIPAA). A few examples include the ability to report certain communicable diseases, abuse, neglect, exploitation, violence, and vital statistics (births, deaths, marriage, divorce) etc. in order to protect and better serve the community as a whole
- Uniform Anatomical Gift Act
- Under this Act, any person of legal age and sound mind has the right to donate any part of their body after death. No money can be exchanged for organs and organs cannot be sold for a profit.
Learning Point: The Genetic Information Nondiscrimination Act of 2008 (GINA) prevents employers and health insurers from discriminating against an individual based on genetic information
