Congress Bans Discrimination Based on Genetic Information
by Neil Bomberg
A bill that would prohibit employers and insurers from discriminating against individuals with a genetic predisposition to certain diseases passed the Congress last week, and is expected to be signed by the President in short order.
The bill, H.R. 493, which was introduced by Rep. Louise Slaughter (D-N.Y.), passed the House last week by a vote of 414 to 1 and the Senate a week earlier by a vote of 95 to 0. President Bush has said that he will sign the bill.
Known as the Genetic Information Nondiscrimination Act of 2007, the bill prohibits employers (including employment agencies, labor organizations, or labor-management committees) from discriminating against job applicants or employees because of genetic information and establishes severe penalties for doing so.
The bill expressly prohibits employers from requesting, requiring or purchasing an employee’s genetic information as a condition of employment unless the information is needed for certification under family and medical leave laws, for monitoring of the impact of toxic substances in the workplace, or for forensic purposes.
The bill also amends the laws governing group and individual health insurance plans including the Employee Retirement Income Security Act of 1974 or ERISA (for group health insurance), the Public Health Service Act or PHSA (for individual insurance), Medicare Act (for Medicare supplemental insurance) and the Internal Revenue Code.
It prohibits health insurers from adjusting premiums or contribution amounts for anyone on the basis of their genetic information; from requesting or requiring an individual or a family member to undergo genetic testing as a condition of insurance; and from denying or granting benefits as a result of genetic testing.
The medical profession urged Congress to pass the bill, noting that many individuals do not avail themselves of genetic testing and better health care because of a fear that their employers or their health insurers would discriminate against them either through higher premiums or by terminating their employment. Health insurers praised the law for strengthening patients’ privacy protections while ensuring that they could take advantage of improvements in medical treatment based on genetic information.
Groups like the U.S. Chamber of Commerce opposed the legislation, arguing that the fines were excessive and that its limits on the collection of medical information might make enforcement of the Family and Medical Leave Act very difficult. In the Senate, Sen. Tom Coburn (R-Okla.) held up the legislation until language was added that would protect employers from lawsuits that stem solely from insurance company violations of the law.
The insurance provisions of the bill will go into effect one year after the President signs the bill; the employment provisions will go into effect 18 months afterwards.
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