Genetic Privacy Legislation
States
- At least 15 states have enacted genetic privacy laws
- Over 75 similar bills are pending in over 30 states
Federal Laws
- Health Insurance Portability and Accountability Act of 1996 (PL-104-191):
Curtails the right of group health insurers to limit coverage of new, apparently healthy employees because
of "preexisting conditions." It also forbids insurers to apply the preexisting-condition rule to genetic
information unless the person has been diagnosed with the illness. Takes effect in August 1997.
- Clarification of the Americans with Disabilities Act of 1990 with regard to genetic information:
In 1995, the U.S. Equal Employment Opportunity Commission released official guidelines extending ADA
protection to individuals who experience employment discrimination based on genetic information related
to illness, disease, or other disorders.
Pending Federal Bills
Several bills on genetic privacy have been introduced into the 105th Congress. These include:
- The Human Research Subjects Protection Act of 1997 (S.193):
Proposes to extend oversight by an institutional review board to all U.S. research involving human
subjects. CONTACT: Hon. John Glenn; 503 Hart Senate Office Bldg.; Washington, DC 20510 (202/224-3353, Fax: -7983, caroline@cua3.csuohio.edu)
- Genetic Information and Nondiscrimination in Health Insurance Act of 1997 (H.R.306):
Addresses the
concern that test results could make health insurance more difficult or impossible to obtain. Would prohibit
group health plans from denying, canceling, refusing to renew, or changing the terms, premiums, or
conditions of coverage based on genetic information. CONTACT: Hon. Louise Slaughter; 2347 Rayburn
House Office Bldg.; Washington, DC 20515 (202/225-3615, louiseny@hr.house.gov)
- Genetic Confidentiality and Nondiscrimination Act of 1997 (S.422):
This more comprehensive bill
attempts to regulate the use of genetic data by health insurers and employers, sets up a system by which
the person who is the DNA sample's source exercises ongoing control over release of the data it yields,
and offers a plan to oversee genetic research. CONTACT: Hon. Pete Domenici; 328 Dirksen Senate Office
Bldg.; Washington, DC 20510 (202/224-6621, Fax: -7371, senator_domenici@domenici.senate.gov)
6/97
See also http://thomas.loc.gov.