Re: genetic testing and insurance

[deirdre@cdt.org (Deirdre Mulligan)]

  this doesn't exactly answer your question, but my understanding is that the
  Kassebaum-Kennedy Portability bill would prohibit the use of genetic
  testing information to deny coverage.  So while it is likely that the mere
  fact someone has had a test -- and certainly results -- are currently used
  to deny coverage today (i don't know what information mib might request
  insurers to supply them on genetic testing) the portability bill addressed
  the pre-existing condition issue.  In addition, my understanding of the
  Equal Employment Opportunity Commission's application of the ADA is that
  their regs would prohibit discrimination in employment based on genetic
  information b/c the discrimination would be based on a perception that the
  person was disabled (even though it would be erroneous in many instances
  b/c being genetically predisposed does not translate into a disability or
  disease).  According to the EEOC regs, entities that discriminate against
  individuals on the basis of genetic information are regarding the
  individual as having an impairment that substantially limts a major life
  activity, therefore discrimination on this basis would be actionable.    So
  if you put the ADA and the portability bill together, people with genetic
  profiles that indicate a predisposition to disease should be protected in
  some areas -- insurance and employment.  Ann Rufo at the Senate Labor and
  Human Resources Committee (who worked at the National Center for Human
  Genome Research (i believe) at an earlier time and therefore knows the
  genetic issues very well) can tell you much more about the portability
  bill.  And Andrew Imparato at the EEOC can tell you more about the ADA.  
  (I'm not an expert on the ADA, and the portability bill hasn't been around
  very long so take this with a grain of salt -- and consult the experts for
  more info.)
  
  >On Tue, 15 Oct 1996, Dave Williams wrote:
  >
  >> On Fri, 11 Oct 1996, Andy Oram wrote:
  >> 
  >> [Insurance companies and genetic testing]
  >> 
  >> Not really a response, but the post reminded me:  some time ago, someone
  >> posted a bit on one of the lists to which I subscribe--this one seems
  >> the most logical--alleging that results of genetic testing have _already
  >> been used_ to deny insurance coverage.  The rationale:  the test
  >> revealed a pre-existing condition.
  >> 
  >> Does anyone have any details on this?  Perhaps a reliable citation?  Or
  >> am I merely repeating another Internet rumor?
  >> 
  >> I don't know whether I'm hoping for truth or falsehood here.  Of course,
  >> it's only a matter of time....
  >> 
  >> --
  >> ++++++++++++++++++++
  >> +  Dave Williams   +
  >> +  dnw@eskimo.com  +
  >> ++++++++++++++++++++
  >> 
  >> 
  >
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