U.S. Department of Labor
Health Benefits Advisor for Employers
Determining Compliance with the HIPAA Provisions in Part 7 of ERISA
Limits on Preexisting Condition Exclusions - Genetic Information
Does the plan comply with HIPAA by not imposing a preexisting condition exclusion with respect to genetic information?
Genetic information alone cannot be treated as a preexisting condition in the absence of a diagnosis of a condition related to such information. See ERISA section 701(a)(1) and (b)(1); 29 CFR 2590.701-3(b)(6).
