Open Enrollment Tips and GINA

It is open enrollment season for many employer-sponsored health plans. 2010 figures to be an interesting year as employers look at ways to trim costs and provide for their employees. Employers provide such benefits to encourage retention and to retain high-value employees and open enrollment offers the employer the challenge of educating the employee about their benefits. I have an article with helpful tips for employers working through open enrollment.

Another factor this year is the effect of the Genetic Information Nondiscrimination Act of 2008 (GINA). This Act will be in effect for 2010 health plans and prevents employers from seeking genetic information for purposes of determining health plan premium rates.

The challenge is that genetic information and "collection" are not clearly defined in the implementing regulations, rules, and law. A fact sheet is available from the Department of Labor to provide some basic guidance.

Open enrollment often involves the collection of information from employees and dependents. The concern is that some of the information requested will violate GINA exposing the employer to potential penalties. A full analysis of any particular circumstance is beyond this post, but employers should be aware of this new requirement and seek advice from their health insurer or legal counsel to insure open enrollment questionnaires do not violate GINA.