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Q:

What part of the federal government enforces GINA health insurance protections?

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A. Several federal agencies are involved. The U.S. Department of Labor (DOL) has primary jurisdiction over employer health benefit plans. Questions about genetic discrimination in your job-based health insurance coverage can always be directed to DOL. The Secretary of Labor has authority to fine employer-sponsored health benefit plans that do not comply with GINA. In addition, the Internal Revenue Service (IRS) has authority to assess tax penalties on employer-sponsored health benefit plans that do not comply with GINA. The U.S. Department of Health and Human Services (HHS) has jurisdiction over health insurers and the policies they sell to individuals and employers. HHS also has jurisdiction over Medigap supplemental policies sold to Medicare beneficiaries. However, states (which traditionally are the primary regulators of health insurance) are allowed to adopt and enforce standards that are at least as protective as those required by GINA. The Secretary of HHS will enforce GINA ...  more
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