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Congress passes bill banning genetic discrimination

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In a landmark action, Congress has approved a bill banning genetic discrimination. The bill, the Genetic Information Nondiscrimination Act, forbids employers and insurance companies from using genetic tests that demonstrate a risk of conditions such as cancer or heart disease to reject their applications or set premiums. Employers also are barred from using such information to hire, fire or determine who gets promotions. President Bush is expected to sign the bill promptly. While 41 states already have enacted similar laws related to health insurance, and 31 rules regarding genetic discrimination at work, there's never been a federal law on this subject. Researchers are applauding the measure's progress, as they're worried that Americans won't participate in genetic studies unless they're confident the data won't be used against them.

To learn more about the bill:
- read this Associated Press piece

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Genetic testing advances as insurers balk

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There are several key points in the new genetic discrimination testing legislation that you didn’t mention in your news blurb of today. Key points in addition to your info:

(a) legislation covers only HEALTH insurance, excludes long-term care and disability insurance, which arguably could be an even bigger problem in that many genetic conditions disproportionately affect LTC and disability insurance later down the road;

(b) legislation becomes effective 18 months after the President signs it, quite a long time gap for insurance applicants to wait for the law to kick in;

(c) insurers do have a legitimate worry that individuals can go get tested, find out they’re at high risk for a condition, and obtain insurance with the insurance company prohibited from doing anything about it (adverse selection, in other words).

That said, I think that this legislation is overdue, and it would be desirable to extend it to LTC and disability insurance as well.

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