Genetic Discrimination: Federal Protections


According to the NIH, "genetic discrimination occurs when people are treated differently by their employer or insurance company because they have a gene mutation that causes or increases the risk of an inherited disorder. Fear of discrimination is a common concern among people considering genetic testing."

What legal protections against genetic discrimination exist? Are positive genetic test results considered a pre-existing condition? Can results from DTC (direct-to-consumer) tests such as 23 And Me affect insurance premiums? These are questions you may be wondering if you or a family member or friend is considering genetic testing. This is a complicated issue and I hope to address some of these concerns in future posts. 

Federal Protections:

GINA: The Genetic Information Nondiscrimination Act

Protections under GINA:

Congress passed the Genetic Information Nondiscrimination Act (GINA) in 2008. This law prohibits health insurers from discrimination based on the genetic information of enrollees (Title I.) Genetic information cannot be used by health insurers to make eligibility, coverage, and premium-setting decisions. For example, if you undergo genetic testing and test positive for a gene mutation that increases cancer risk, your health insurer cannot use this information against you. Additionally, health insurers may not request or require individuals or family members to undergo genetic testing or provide genetic information.

GINA also prohibits genetic discrimination in employment (Title II.) Employers may not use your genetic information when making decisions about hiring, firing, promotions, pay etc. However, GINA does not apply to companies with fewer than 15 employees.

Limitations of GINA: 

GINA "does not cover long-term care insurance, life insurance, or disability insurance" (NIH.) GINA does not protect individuals who receive their insurance through the Federal Employees Health Benefits, the Veterans Health Administration, the U.S. Military (TRICARE), and the Indian Health Service. Some of these programs have policies prohibiting or restricting genetic discrimination, but if this clause applies to you, you should research your health insurers policies before undergoing genetic testing. 

Image result for gina act

Image Source: geneticfairness.org

HIPAA:
With the passage of GINA, HIPPA (Health Insurance Portability and Accountability Act) was amended to state that genetic information is considered health information and as such, cannot be used by health insurers to make decisions about insurance benefits, eligibility for benefits, or calculations of premiums. 


The Affordable Care Act (ACA):
GINA no longer protects you when you begin to develop symptoms or are diagnosed with a medical condition. For example, GINA protects you from health insurance discrimination when you test positive for the mutation for Huntington's, but it does not protect you when you begin to show symptoms for Huntington's or are diagnosed. The Affordable Care Act commonly referred to as "Obamacare", prevents insurance companies from denying coverage or charging more based on pre-existing conditions. Without this provision of the ACA, millions of people with medical conditions (many of which are genetic) would lose protection. With our current political climate, this is definitely a topic about which to remain informed. 


For more information, please refer to the following sources:


In future posts, I plan to address state policies regarding the protection of genetic information and the privacy and insurance risks related to direct-to-consumer (DTC) genetic tests. Stay tuned!!

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