Company
GINA, explained.
Effective
The Genetic Information Nondiscrimination Act of 2008 (GINA) is the main United States federal law protecting people from genetic discrimination. It is real protection — and it is narrower than most people assume. Before you sequence, you should know both halves.
This page is general legal information, not legal advice, and it describes US federal law. It is not a reason to avoid or pursue testing; it is context for deciding with open eyes.
What GINA protects
GINA has two main titles, covering two domains:
- Health insurance (Title I). Health plans and insurers may not use genetic information to decide eligibility or set premiums. This includes test results and family history. They also may not ask for a genetic test for underwriting or before enrollment.
- Employment (Title II). An employer with 15 or more employees may not use genetic information to make job decisions. This includes hiring, firing, pay, and promotion. It may not ask for or buy this information except in narrow cases. Examples include accidental receipt and voluntary health programs that meet strict rules.
GINA defines genetic information broadly. It includes your genetic tests, family members’ tests, and family medical history. GINA focuses on risk before symptoms appear. If a condition develops, other laws may apply. These include the Affordable Care Act for health coverage and the Americans with Disabilities Act at work.
The gaps: what GINA does not cover
GINA’s protections stop at health insurance and employment. Three major categories of insurance are not covered by GINA at all:
- Life insurance. A life insurer may generally ask whether you have taken a genetic test, ask for the results, and use them to decline coverage or set premiums.
- Disability insurance. Same gap: genetic results may be used to review an individual policy unless state law adds protection.
- Long-term-care insurance. Same gap again — and long-term-care underwriting is where results like APOE status are most plausibly material to an insurer.
Title II generally covers employers with at least 15 workers. GINA does not cover life, disability, or long-term-care insurance. Other laws may protect people or settings outside GINA. GINA focuses on a genetic predisposition, not a condition that has already developed.
State law varies
Some states add protection. Florida protects health, life, and long-term-care insurance in defined cases. California protects genetic information in housing, public accommodations, and state-funded programs. Other states may cover certain policy types or require consent. The rules depend on your state and the type of insurance. Inherit asks only for country and state so it can show relevant rules without collecting your address.
Practical points to weigh
Stated informationally — these are considerations, not recommendations:
- An insurance form may ask about testing, health, or family history. Read each question closely and answer truthfully. False answers may affect coverage or a later claim. If this worries you, seek legal or insurance advice before testing.
- An Inherit report is for information, not diagnosis. An insurance question may still cover consumer testing. Read the exact question on the form.
- Inherit creates only the reports you choose to open. You can delete stored files and reports under our privacy policy. Deletion cannot undo a copy that you already shared or that another party already holds.
- A genetic counselor can explain test choices, limits, and possible insurance effects. A doctor can help confirm a finding and plan care. Seek clinical advice for any result that could affect your health.
For questions about your own circumstances, consult a licensed attorney or a genetic counselor in your jurisdiction.