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EBSA Unified Agenda - [Final Rule Stage] |
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RIN: 1210-AB27 |
Publication ID: Fall 2009 |
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Title: Genetic Information Nondiscrimination |
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Abstract: Pursuant to ERISA sections 702, 733(d), and 502, as amended by the Genetic Information Nondiscrimination Act of 2008 (GINA) (Pub. L. 110-233) enacted May 21, 2008, the Department is developing regulatory guidance. Regulatory guidance will provide clarification regarding GINA’s prohibition against discrimination in group premiums based on genetic information, its limitations on genetic testing, its prohibition on collection of genetic information, and its new civil monetary penalties under ERISA. |
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Agency: Department of Labor(DOL) |
Priority: Other Significant |
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RIN Status: Previously published in the Unified Agenda |
Agenda Stage of Rulemaking: Final Rule Stage |
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Major: No |
Unfunded Mandates: No |
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CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.) |
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Legal Authority: 29 USC 1182; 29 USC 1191b(d); 29 USC 1132 |
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Legal Deadline:
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Statement of Need: GINA section 101(f)(1) requires the Secretary to issue regulations to carry out its statutory provisions no later than May 21, 2009. |
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Summary of the Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she considers necessary and appropriate to carry out the provisions of title I of ERISA. Section 734 of ERISA provides that the Secretary may promulgate such regulations as may be necessary or appropriate to carry out the provisions of part 7 of ERISA. In addition, GINA section 101(f) requires the Secretary to issue regulations to carry out GINA’s amendments. |
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Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance needed by the public. |
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Anticipated Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate, following a determination regarding the alternatives to be considered. |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined |
Government Levels Affected: None |
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Federalism: No |
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Included in the Regulatory Plan: Yes |
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RIN Data Printed in the FR: No |
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Agency Contact: |
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