Linn F. Freedman is an attorney with Nixon Peabody LLP whose expertise is health care law and litigation. She focuses on health information technology (HIT) and chairs the firm's Health Information Technology (HIT) group. Nixon Peabody has 700 attorneys practicing in 18 offices worldwide, including Boston, Chicago, London, Los Angeles, New York, San Francisco, Shanghai, and Washington.One of the major advances in health care is the ability to detect and act upon genetic information. A predilection toward a particular condition or disease can be crucial information for both patients and their doctors. However, many people fear that such information could be used against them by employers, health insurers or others and are reluctant to undergo genetic testing or share genetic information with health care professionals.
To guard against such misuse, Congress passed the Genetic Information Non-Discrimination Act (GINA) this year. It takes effect in November 2009 and -- after the Equal Employment Opportunity Commission adopts regulations earlier in 2009 -- employers should ensure that they will be in compliance with the new law.
Linn Freedman, an attorney specializing in health privacy and information law with Nixon Peabody, provides a checklist of areas for employers to make sure their policies and procedures do not make them vulnerable to litigation. Her list includes updating company policies and handbooks; setting up a training program and reviewing record-keeping procedures, wellness programs and health insurance.
Freedman tells employers there is no reason to fret about the law. More than a year of lead time "gives employers plenty of time to review their policies and procedures to make sure they are ready and in compliance," she writes. "In most cases, this will not be a difficult or burdensome process."