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Determining Compliance with the GINA Provisions in Part 7 of ERISA
Does the plan comply with GINA's prohibition on collection of genetic information, prior to or in connection with enrollment?
A plan cannot collect genetic information prior to an individual's effective date of coverage under that plan or coverage, nor in connection with the rules for eligibility that apply to that individual. See 29 CFR 2590.702-1(d)(2)(i).
Whether or not an individual's information is collected prior to that individual's effective date of coverage is determined at the time of collection.
Exception for incidental collection: