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Preventing Genetic Prejudice
April 01, 2005

The Senate approved the Genetic Information Nondiscrimination Act of 2005 (S 306) with a 98-0 vote. The legislation will prohibit discrimination by health insurance companies and employers based on genetic data. The program will be overseen by the Department of Labor and Health and Human Services.

Senator Olympia Snowe, (R-Maine), the bill’s main sponsor, was inspired by a letter from Bonnie Lee Tucker, a resident of Maine. Bonnie wrote about her fear of having her daughter complete genetic testing despite the fact that nine women in her family had breast cancer. She was afraid the testing could allow her daughter to face future discrimination.

A similar bill (H.R. 1227) has been reintroduced in the House by Representatives Judy Biggert (R-IL), Louise Slaughter (D-NY), Bob Ney (R-OH), and Anna Eshoo (D-CA). The House bill is also seeking to prohibit improper use of genetic information for workforce and insurance decisions. This bill can be followed on the Thomas website.

What does this mean to you? When evaluating an applicant’s eligibility for coverage, health insurers can not collect or use genetic data. They also can not use this data to impose enrollment restrictions or set inappropriately high premiums and rates. Along the same line, employers can not hire or fire employees based on genetic information.

Now, like your other medical records, genetic data will be treated as a confidential medical record. Childhood cancer survivors need these legal protections from discrimination in health insurance coverage and employment. These safeguards will also encourage participation in clinical research involving genetic testing or testing related to revealing the genetic properties of their cancer.

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