Treasury – Discrimination on Genetic Information: Interim Final Rules

AGENCIES:    Internal Revenue Service, Department of the Treasury; Employee 
             Benefits Security Administration, Department of Labor; Centers 
             for Medicare & Medicaid Services, Department of Health and Human 
             Services.
ACTION:      Interim final rules with request for comments
SUMMARY:     This document contains interim final rules implementing sections 
             101 through 103 of the Genetic Information Nondiscrimination Act 
             of 2008. These provisions prohibit discrimination based on 
             genetic information in health insurance coverage and group 
             health plans.
DATES:       Effective date. These interim final regulations are effective on
                             (INSERT DATE 60 DAYS AFTER PUBLICATION IN THE
                             FEDERAL REGISTER).
             Comment date. Comments are due on or before (INSERT DATE 90 DAYS
                           AFTER PUBLICATION IN THE FEDERAL REGISTER).
             Applicability dates: 
                           Group market rules. These interim final 
                           regulations for the group market apply to group 
                           health plans and group health insurance issuers 
                           for plan years beginning  on or after (INSERT DATE 
                           60 DAYS AFTER PUBLICATION IN THE FEDERAL 
                           REGISTER).
                           Individual market rules. These interim final 
                           regulations for the individual market apply with 
                           respect to health insurance coverage offered, 
                           sold, issued, renewed, in effect, or operated in 
                           the individual market on or after (INSERT DATE 60 
                           DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER).
ADDRESSES:   Written comments may be submitted to any of the addresses 
             specified below. Any comment that is submitted to any Department 
             will be shared with the other Departments. Please do not submit 
             duplicates.
             Department of Labor. 
               Comments to the Department of Labor, identified by RIN 1210-
               AB27, by one of the following methods:
                *Federal eRulemaking Portal: http://www.regulations.gov. 
                 Follow the instructions for submitting comments.
                *Email: E-OHPSCA.EBSA@dol.gov.
                *Mail or Hand Delivery:
                 Office of Health Plan Standards and Compliance Assistance, 
                 Employee Benefits Security Administration, Room N-5653,
                 U.S. Department of Labor, 
                 200 Constitution Avenue NW, 
                 Washington, DC 20210, 
                 Attention: RIN 1210- AB27.
               Comments received by the Department of Labor will be posted 
               without change to www.regulations.gov and www.dol.gov/ebsa, 
               and available for public inspection at the Public Disclosure 
               Room, N-1513, Employee Benefits Security Administration, 200 
               Constitution Avenue, NW, Washington, DC 20210, including any 
               personal information provided.
             Department of Health and Human Services (HHS).
               Comments to HHS, identified by CMS-4137-IFC, by one of the 
               following methods:
                *Federal eRulemaking Portal: http://www.regulations.gov.
                 Follow the instructions for submitting comments.
                *Mail:
                 Centers for Medicare & Medicaid Services, 
                 Department of Health and Human Services, 
                 Attention: CMS-4137-IFC, 
                 P.O. Box 8017, Baltimore, MD 21244-8010.
                *Hand or courier delivery. Comments may be delivered to  
                 either 
                 7500 Security Boulevard, Baltimore, MD 21244-1850 or 
                 Room 445-G, Hubert H. Humphrey Building, 200 Independence 
                 Avenue, SW, Washington, DC 20201. =
                 For delivery to Baltimore, please call telephone number 
                 (410)786-7195 in advance to schedule your arrival with one 
                 of our staff members.
                 For delivery to Washington, because access to the interior 
                 of the HHH Building is not readily available to persons 
                 without Federal Government identification, commenters are 
                 encouraged to leave their comments in the CMS drop slots 
                 located in the main lobby of the building. A stamp-in clock 
                 is available for persons wishing to retain proof of filing 
                 by stamping in and retaining an extra copy of the comments 
                 being filed.
               All submissions submitted to HHS will be available for public 
               inspection as they are received, generally beginning 
               approximately three weeks after publication of a document, at 
               the headquarters for the Centers for Medicare & Medicaid 
               Services, 7500 Security Boulevard, Baltimore, MD 21244, Monday 
               through Friday of each week from 8:30 a.m. to 4 p.m. To 
               schedule an appointment to view public comments, phone  
               (410)786-7195.
             Internal Revenue Service.
               Comments to the IRS, identified by REG-123829-08, by one of \
               the following methods:
                *Federal eRulemaking Portal: http://www.regulations.gov. 
                 Follow the instructions for submitting comments.
                *Mail:
                 CC:PA:LPD:PR (REG-123829-08), Room 5205,
                 Internal Revenue Service, P.O. Box 7604,
                 Ben Franklin Station, Washington, DC 20044.
                *Hand or courier delivery: Monday through Friday between the 
                 hours of 8 a.m. and 4 p.m. to:
                 CC:PA:LPD:PR (REG-123829-08), 
                 Courier’s Desk, 
                 Internal Revenue Service,
                 1111 Constitution Avenue, NW, Washington DC 20224.
               All submissions to the IRS will be open to public inspection 
               and copying in room 1621, 1111 Constitution Avenue, NW, 
               Washington, DC from 9 a.m. to 4 p.m.
FOR FURTHER  Amy Turner, Employee Benefits Security Administration,
INFORMATION    Department of Labor, at (202)693-8335.
CONTACT:     Russ Weinheimer, Internal Revenue Service, Department of the 
               Treasury, at (202)622-6080.
             Adam Shaw, Centers for Medicare & Medicaid Services, Department 
               of Health and Human Services, at (877)267-2323, extension 
               61091.
CUSTOMER     Individuals interested in obtaining information from the
SERVICE      Department of Labor concerning employment-based health coverage
INFORMATION: laws, including the nondiscrimination protections, may call the 
             EBSA Toll-Free Hotline at 1-866-444-EBSA (3272) or visit the 
             Department of Labor’s website (http://www.dol.gov/ebsa). In 
             addition, individuals may request a copy of CMS’s publication 
             entitled “Protecting Your Health Insurance Coverage” by calling 
             1-800-633-4227.