Employers, Insurers, cannot discriminate on genetics

[Guest guest]

Medical News Today 21 Feb 2005

Senate Approves Legislation Preventing Insurers, Employers From Discriminating

Based on Genetics

The Senate on Thursday voted 98-0 in favor of a bill... (S 306) that would

establish protections against genetic discrimination, CQ Today reports

(Swindell, CQ Today, 2/17). Under the legislation, sponsored by Sen. Olympia

Snowe (R-Maine), employers could not use genetic information in employment

decisions, and insurance companies could not deny coverage or establish premium

rates based on such information (Kaiser Daily Health Policy Report, 2/11).

House Action

A similar recent House bill, sponsored by Rep. Louise Slaughter (D-N.Y.), had

242 co-sponsors but never made it through committee. Slaughter said she plans to

introduce a new bill that will be supported by a more aggressive lobbying

campaign based on the Senate vote. Rep. Boehner (R-Ohio), chair of the

Education and Workforce Committee, said, " We're looking at what the Senate did

and reviewing the issue as we have the last three or four years. No decision has

been made. " An unnamed House GOP aide said party leaders want to ensure that the

bill " would not launch a new mandate with unintended consequences " (CQ Today,

2/18). Slaughter said the bill must be passed soon, adding, " The president

supports it, the Senate has passed it overwhelmingly and a majority of the House

is ready to vote in favor of the bill. The House leadership has failed to lead

on this issue. It is time for them to get out of the way and allow this bill to

become law " (Washington Times, 2/18).

Reaction

Snowe -- citing an NIH report that found about 32% of women decline genetic

testing for breast cancer because of insurance concerns -- said, " It is of

critical importance that people do not feel afraid to use available technologies

that could save their lives just because they are worried about losing their

health coverage and their jobs " (CQ Today, 2/17). Sen. Dodd

(D-Conn.) said, " It is absolutely essential that in this time of fantastic

scientific advances and discovery that [genetic] information be used for the

purpose of preventing, treating and healing diseases, and not as a basis for

discrimination. " Senate Majority Leader Bill Frist (R-Tenn.), who has supported

the legislation for the past seven years, said many people avoid genetic testing

for fear their employer or insurer will discover negative results. " This bill

will also prevent employers from hiring or firing folks based on their genetic

information; it is progressive legislation that prevents it all right upfront, "

Frist added (DeBose, Washington Times, 2/18). America's Health Insurance Plans,

which opposed the previous House legislation, said it supports Snowe's bill,

which it believes would not increase litigation or prevent insurers and

hospitals from using genetic information for health reasons.

Opposition

" [P] owerful business interests " could keep the measure " in limbo, " CQ Today

reports. The U .S. Chamber of Commerce, the National Association of

Manufacturers and the National Restaurant Association oppose the bill because

they say that it would " add to a confusing patchwork of laws " and possibly

" trigger an explosion of lawsuits because it allows for jury trials and punitive

and compensatory damages, " CQ Today reports. Neil Trautwein, assistant vice

president of human resources policy for the NAM, said, " There is no evidence

that employers are presently discriminating on the basis of genetic information

and nothing to support the idea that we might do so in the future. " He added,

" The House should consign this bill to the trash heap " (CQ Today, 2/17).

" Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can

view the entire Kaiser Daily Health Policy Report, search the archives, or sign

up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy.

The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free

service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company

and Kaiser Family Foundation. All rights reserved.

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