Genetic Information Nondiscrimination Act of 2008

SUMMARY: This document is a request for comments regarding issues under sections 101 through 104 of the Genetic Information Nondiscrimination Act of 2008 (GINA). The Departments of Labor, Health and Human Services (HHS), and the Treasury (collectively, the Departments) have received inquiries from the public on a number of issues under these provisions and are welcoming public comments in advance of future rulemaking. DATES: Comments must be submitted on or before December 9, 2008. Background The Genetic Information Nondiscrimination Act of 2008 (GINA) was enacted on May 21, 2008 (Pub. L. 110-233). Title I of GINA amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHS Act), the Internal Revenue Code of 1986 (Code), and the Social Security Act (SSA) to prohibit discrimination in health coverage based on genetic information. Sections 101 through 104 of GINA apply to employment-based health coverage, individual market health insurance, and Medicare supplemental (MedSupp or Medigap) coverage. The new requirements were added to Part 7 of Subtitle B of Title I of ERISA, Title XXVII of the PHS Act, Subtitle K of the Code, and section 1882 of the SSA. GINA prohibits group health plans and health insurance issuers (that is, insurance companies or health maintenance organizations (HMOs)) in the group market from using genetic information to adjust premium or contribution amounts for the group covered under the plan. Plans and issuers in the group market are still allowed to increase the premium rate for an employer based on the manifestation of a disease or disorder of an individual enrolled in the plan, but they are prohibited from using the manifested disease or disorder of one individual as genetic information about other group members to further increase the premium. In the individual market, health insurance issuers are prohibited from using genetic information to determine individual eligibility or premium rates, although they are allowed (to the extent consistent with other provisions of law) to use information about a manifestation of a disease or disorder to determine eligibility or premium rates for an individual who is covered or would be covered by a policy. Individual market health insurance issuers are also prohibited from using genetic information in imposing a preexisting condition exclusion, although a manifestation of a disease or disorder in an individual can be the basis for an exclusion. In the MedSupp market, GINA prohibits issuers from denying or conditioning the issuance or effectiveness of a policy (including the imposition of any exclusion of benefits based on a preexisting condition) or discriminating in the pricing of the policy based on an individual's genetic condition. However, if otherwise permitted under section 1882 of the Social Security Act, the issuer can still impose such limitations based on a manifested disease of an individual who is covered or would be covered under the policy. GINA also prohibits group health plans and health insurance issuers in the group, individual, and MedSupp markets from requesting or requiring an individual or family member of an individual to undergo a genetic test. Plans and issuers are not precluded from obtaining and using the results of a genetic test to make a determination regarding payment, but they may only use the minimum amount of information necessary.

Social Security goes plastic Prepaid debit card touted as way to save money, aid recipients

from AARP Bulletin Sep. 9, 2008 (McClatchy-Tribune Regional News delivered by Newstex) -- A new prepaid debit card could drastically reduce the number of paper Social Security checks mailed each month, therefore saving trees and putting more crooks out of business, treasury officials say. The U.S. Department of the Treasury's Financial Management Service has introduced its Direct Express Debit Master-Card program to Social Security and supplemental security income recipients across Arizona and the nation. It is a new option for federal beneficiaries who do not have a bank account and are looking for a no-cost or low-cost alternative to using check-cashing facilities and carrying large amounts of cash. Seniors can sign up for the card by calling (877) 212-9991 or visiting www.usdirectexpress.com.

Community and Economic Development Entities, Community Development Projects, and Other Public Welfare Investments

Interim final rule with request for comment. This interim final rule makes the following specific revisions to part 24 in order to implement the statutory changes to the public welfare test. Definition of ``Community and Economic Development Entity'' (CEDE) (Sec. 24.2(c)) The interim final rule amends the definition of a CEDE in Sec. 24.2(c) to implement the HERA change to the public welfare test. The revised paragraph (c) defines a CEDE as ``an entity that makes investments or conducts activities that primarily benefit low- and moderate-income individuals, low- and moderate-income areas, or other areas targeted by a governmental entity for redevelopment, or would receive consideration as ``qualified investments'' under 12 CFR 25.23. ''Removing the Definition of ``Benefiting Primarily Low- and Moderate-Income Areas or Individuals'' (Sec. 24.2(g)) As indicated above, the FSRRA authorized a national bank and its subsidiaries to make investments that promote the public welfare by ``benefiting primarily'' low- and moderate-income areas or individuals. OCC's rule implementing the FSRRA added a definition for ``benefiting primarily low and moderate-income areas or individuals.'' The HERA revision removed the ``benefiting primarily'' language, thus, this definition is no longer needed and is removed by the interim final rule. Public Welfare Investments (Sec. 24.3) The interim final rule revises Sec. 24.3, which contains the authorization to make investments pursuant to section 24(Eleventh), to conform to the changes made by the HERA. Examples of Qualifying Public Welfare Investments (Sec. 24.6) Section 24.6 contains examples of qualifying public welfare investments. The interim final rule revises the introductory language in Sec. 24.6 to reflect the changes made by section 2503 of the HERA. The interim final rule also adds back, where appropriate, references to investments in ``targeted redevelopment areas.'' These references had been removed by the FSRRA implementing regulation. Revision to Appendix 1 to Part 24, the CD-1 National Bank Community Development (Part 24) Investments Form The interim final rule also revises Appendix 1 to part 24, the CD-1 National Bank Community Development (Part 24) Investments Form, to reflect the changes to the regulation.