House Expected To Pass Bill Barring Insurers, Employers From Discriminating Based On Genetics

Main Category: Genetics
Also Included In: Health Insurance / Medical Insurance;  Women's Health / Gynecology
Article Date: 02 May 2008 - 6:00 PDT

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The House on Thursday is expected to approve a measure (HR 493) that would prohibit insurers and employers from discriminating against individuals based on genetic information that shows a predisposition to certain conditions, including breast cancer, the AP/San Jose Mercury News reports. The measure was approved 95-0 in the Senate last week. President Bush is expected to sign the measure (Holland, AP/San Jose Mercury News, 5/1).

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. Employers also would be prohibited from considering genetic information during decisions about hiring, firing, promotions or job assignments. The measure would not extend protections to other forms of insurance, such as life insurance or long-term care insurance. The bill also would not bar health insurers from considering a person's pre-existing conditions in making decisions on coverage or rates. In addition, the legislation would not apply to the U.S. military (Daily Women's Health Policy Report, 4/25).

The House approved the measure 420-3 in April 2007, but the Senate did not approve the measure at the time because of concerns from the White House and some Republicans, CQ Today reports (Armstrong, CQ Today, 4/30). The version of the bill the House is expected to consider Thursday includes an amendment added in the Senate that would establish a "firewall" between the insurance and employer sections of the measure to discourage inappropriate lawsuits (Daily Women's Health Policy Report, 4/25).

The House Rules Committee is allowing the bill to be considered under an expedited process that bars amendments and requires a two-thirds majority for passage. Zac Petkanas, a spokesperson for the committee, said that the bill could still be considered under normal rules but that a suspension could speed the legislation's anticipated approval. HHS Secretary Mike Leavitt said the Bush administration is "very pleased about the way" the measure "turned out" (CQ Today, 4/30). Rep. Louise Slaughter (D-N.Y.), a sponsor of the measure, said the legislation's sponsors want it passed "as quickly as possible" (Johnson, CongressDaily, 5/1).

Broadcast Coverage

NBC's "Nightly News" on Wednesday reported on the bill. The segment includes comments from Andrew Faucett, a genetic counselor and director of the genetics and public health program at the Emory University School of Medicine; Sen. Ted Kennedy (D-Mass.); Michael Eastman of the U.S. Chamber of Commerce; and a woman with a genetic predisposition to breast and ovarian cancer (Costello, "Nightly News," NBC, 4/30).

In addition, NPR's "Talk of the Nation" on Wednesday included a discussion with Slaughter about the legislation (Conan, "Talk of the Nation," NPR, 4/30).

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