Senate Compromises On Bill To Ban Insurers, Employers From Discriminating Based On Genetics

Main Category: Health Insurance / Medical Insurance
Also Included In: Genetics;  Women's Health / Gynecology
Article Date: 25 Apr 2008 - 6:00 PDT

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Senate leaders on Tuesday reached a compromise on a measure (S 358) that would ban insurance companies and employers from discriminating against individuals based on genetic tests that show a predisposition for certain conditions -- such as breast cancer, heart disease or diabetes -- the Portland Press Herald reports.

The Genetic Information Nondiscrimination Act, or GINA, would prevent insurance companies from raising rates or denying coverage to individuals or groups with genetic predispositions to certain conditions (Kaplan, Portland Press Herald, 4/23). Employers also would be prohibited from considering genetic information during decisions about hiring, firing, promotions or job assignments (Pollack, New York Times, 4/23). Although the measure prevents insurance companies from discriminating against people based on genetic predispositions, companies can base coverage and pricing on existing conditions, the AP/Chicago Tribune reports (Abrams, AP/Chicago Tribune, 4/23).

According to the Times, versions of the legislation were introduced in 1995 by Rep. Louise Slaughter (D-N.Y.) and were approved in the Senate in 2003 and 2005. However, the measure never passed in both chambers during the same legislative session. The House approved the bill by a 420-3 vote last year. Sen. Tom Coburn (R-Okla.) blocked the measure in the Senate over concerns that it would subject employers to civil rights lawsuits (New York Times, 4/23). The compromise reached Tuesday includes an amendment Coburn requested that establishes a "firewall" between the insurance and employer sections of the measure to discourage inappropriate lawsuits (AP/Chicago Tribune, 4/23).

The measure could reach the Senate floor as early as this week and is expected to pass in the chamber, the Press Herald reports. The bill would then be sent back to the House and, if approved, sent to President Bush (Portland Press Herald, 4/23). Bush has indicated he supports the measure, but the White House has expressed concerns, including the need for a firewall that was addressed in the compromise.

If approved, the legislation likely would primarily help people applying for individual health insurance because existing federal law already prohibits group insurance plans from discriminating based on genetics, the Times reports.

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Supporters of the legislation have said that many people are afraid of taking genetic tests, which have become more widely available in recent years, because of fears that the results could be used to deny employment or health care (New York Times, 4/23). Sen. Olympia Snowe (R-Maine), a sponsor of the measure, noted that 32% of women who were offered a genetic test to determine their risk of breast cancer by NIH declined because of concerns about discrimination (AP/Chicago Tribune, 4/23).

Supporters also have said that they are concerned about the potential misuse of genetic information discouraging people from participating in studies aimed at finding genes that increase the likelihood of certain diseases. The health insurance industry generally supports the measure but has said the bill might interfere with its ability to request certain genetic tests that would determine the best treatment for a patient, according to the Times. "There are appropriate uses of information, there are appropriate questions to ask, as long as there is no discrimination," Mohit Ghose, spokesperson for America's Health Insurance Plans, said.

Some business groups have expressed opposition to the measure, saying it is unnecessary and costly. The groups also have claimed that no discrimination cases have been filed in any states that have anti-discrimination laws (New York Times, 4/23).

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