Government

Law prohibits employer and insurer genetic discrimination

By easing patients' fears, the measure is expected to result in increased demand for genetic testing.

By Doug Trapp — Posted June 9, 2008

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After 13 years of effort by supporters, a measure designed to protect Americans from discrimination based on their genetic information has become law.

President Bush signed the Genetic Information Nondiscrimination Act on May 21.

The act prevents insurance companies from using genetic information as a reason to cancel, deny or refuse to renew coverage, or to determine premiums. It also prohibits employers from basing hiring, firing, promotions or job placements on workers' genetic information.

American Medical Association Board of Trustees Chair Edward L. Langston, MD, said the law would encourage patients to seek preventive care. "Genetic testing holds great promise for improving public health, and patients must be able to trust that their genetic information will be protected from inappropriate and discriminatory uses. This new law will allow patients to take advantage of scientific advances in genetics, such as screenings and therapies, without worrying that their personal health information could be used against them by insurers or employers."

The law is a rare breakthrough on health care legislation between Bush and Congress since Democrats took control in January 2007.

Before signing the measure, Bush said the act balances patients' privacy interests while not undermining the basic premise of the health insurance industry.

The measure's House sponsor, Rep. Louise Slaughter (D, N.Y.), first introduced a genetic nondiscrimination bill in 1995. "These important protections will enable the scientific and medical communities to make the critical medical breakthroughs of the 21st century," she said.

Karen Ignagni, president and CEO of the trade group America's Health Insurance Plans, said the act will not unnecessarily constrain health plans. "This legislation also ensures that patients can continue to benefit from health plans' innovative early detection and care coordination programs that improve the safety and quality of care."

The law will be phased in. The health insurance portion is expected to take effect in May 2009. The workplace rules are expected to begin in November 2009.

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