United States · Regulation

78 FR 5566

HIPAA Privacy Rule treatment of genetic information

Status
Approved
Effective date
March 26, 2013
Last reviewed
September 2, 2026
Source review
Primary source reviewed

Summary

The 2013 HIPAA final rule made clear that genetic information is health information under the HIPAA Privacy Rule. It also prohibited most health plans covered by HIPAA from using or disclosing protected health information that is genetic information for underwriting.

Topics: Genetic data storage/privacy/sharing (medicine) · Health Insurance Nondiscrimination

What it requires or prohibits

The rule revised HIPAA definitions and barred most HIPAA-covered health plans from using or disclosing genetic information for underwriting. It took effect on March 26, 2013, with a September 23, 2013 compliance date.

In plain language

Identifiable genetic information held by a health plan, health care provider, or clearinghouse covered by HIPAA can be protected health information. The rule also limits how most covered health plans may use it for underwriting.

Primary sources

Record details

Record metadata
Record history
  1. January 25, 2013: Final rule published in the Federal Register. Source: 78 FR 5566.
  2. August 31, 2026: Record created from the final rule.
  3. September 2, 2026: Project-authored analysis revised after primary-source review.
Technical metadata

Record ID: federal-hipaa-genetic-information-2013

Topics: genetic-data-storage-privacy-sharing-medicine, health-insurance-nondiscrimination

Record data file: data/federal/federal-hipaa-genetic-information-2013.yaml

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If an official source, legal status, date, or summary needs attention, submit the record and supporting primary source for review.

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Cite this record

Who Owns Your DNA? 78 FR 5566: HIPAA Privacy Rule treatment of genetic information. U.S. Genetics & Genomics Law and Policy Tracker. Record version 1.1. Accessed [date]. https://whoownsyourdna.org/records/federal-hipaa-genetic-information-2013/

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