The Genetic Information Nondiscrimination Act of 2008 prohibits the use of genetic information in health insurance, except under which circumstance?

The Genetic Information Nondiscrimination Act (GINA) of 2008 was enacted to protect individuals from discrimination based on their genetic information in health insurance and employment. One key provision of GINA allows for the use of genetic information in health insurance under certain circumstances, specifically when an individual provides informed consent, which is often represented in the form of a signed waiver. This waiver signifies that the individual understands and agrees to the use of their genetic information.

By signing a waiver, the applicant is essentially opting in to the use of their genetic test results for the purposes of underwriting or determining eligibility for health insurance coverage. This contrasts with the general protection offered by GINA, which prohibits insurers from discriminating based on genetic information unless clear consent has been provided. This protects individuals while also allowing a pathway for insurers to consider this information when it has been voluntarily disclosed.

The other circumstances do not align with the provisions of GINA, as genetic information cannot be used in health insurance underwriting without informed consent, regardless of whether genetic testing is conducted by the insurer, if the applicant is a minor, or if the information is gathered during a medical exam.