Genetic Information Nondiscrimination Act

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The Genetic Information Nondiscrimination Act (GINA) is a law in the United States designed to prohibit the improper use of genetic information in health insurance and employment. It prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future. The legislation also bars employers from using individuals’ genetic information when making hiring, firing, job placement, or promotion decisions. ^[1] Senator Ted Kennedy called it the "first major new civil rights bill of the new century" ^[2]

In 2008, on April 24 H.R. 493 passed the Senate 95 - 0. The bill was then sent back to the House of Representatives and passed 414 - 16 - 1 on May 1st (the lone dissenter was Congressman Ron Paul). President George W. Bush signed the bill into law on May 21, 2008.^[3]^[4]

1 History of GINA
2 Arguments in favor of GINA
3 Arguments against GINA
4 See also
5 References
6 External links

[edit] History of GINA

In the 104th Congress, 1995-6, several related bills were introduced.^[5]^[6]

The Genetic Privacy and Nondiscrimination Act of 1995, S. 1416: Sen. Mark Hatfield and H.R. 2690: Rep. Clifford Stearns
The Genetic Fairness Act of 1996, S. 1600: Sen. Dianne Feinstein
The Genetic Information Nondiscrimination in Health Insurance Act of 1995, H.R. 2748: Rep. Louise Slaughter and S. 1694: Sen. Olympia Snowe
Genetic Confidentiality and Nondiscrimination Act of 1996, S. 1898: Sen. Pete Domenici

In 2003, GINA was introduced as H.R. 1910, by Representative Slaughter, D-NY], and as S. 1053 by Senator Snowe, R-ME.

In 2005, it was proposed as 109 H.R. by Representative Biggert, R-IL, and as S. 306 by Senator Snowe, R-ME.

The Genetic Information Nondiscrimination Act of 2007 was introduced into the United States House of Representatives as H.R. 493 by Representatives Slaughter, Biggert, Eshoo, and Walden. It passed the House by a 420 - 9 - 3 vote on 25 April 2007.

The same bill was introduced into the United States Senate as S. 358 by Senators Olympia Snowe, Ted Kennedy, Mike Enzi, and Christopher Dodd.^[7]^[8]^[9]^[10] On 2008-04-24, the Senate approved the bill 95-5-0 (presidential candidates McCain, Clinton, & Obama abstained). It had been subject of a "hold" placed by Tom Coburn, M.D., Republican U.S. Senator from Oklahoma.^[11]

The bill was then sent back to the House of Representatives and passed 414 - 16 - 1 on May 1, 2008 (the lone dissenter was Congressman Ron Paul). President George W. Bush signed the bill into law on May 21, 2008.^[3]

[edit] Arguments in favor of GINA

Along with an overview of the topic, the NIH National Human Genome Research Institute states that "NHGRI believes that legislation that gives comprehensive protection against all forms of genetic discrimination is necessary to ensure that biomedical research continues to advance. Similarly, it believes that such legislation is necessary so that patients are comfortable availing themselves to genetic diagnostic tests."

The Coalition for Genetic Fairness^[12] presents some arguments for genetic nondiscrimination. As of 2007, their argument makes the claim that because all humans have genetic anomalies, this would prevent them from accessing medication and health insurance. The Coalition also cites the potential for misuse of genetic information.

The GINA legislation has historically received support from the majority of both Democrats and Republicans, as evidenced by the 420-3 vote in 2007 by the House.

[edit] Arguments against GINA

The National Association of Manufacturers, the National Retail Federation, the Society for Human Resource Management, and United States Chamber of Commerce and other members of the Genetic Information NonDiscrimination in Employment Coalition, (GINE) say the proposed legislation is overly broad and are concerned the bills, would do little to rectify inconsistent state laws and hence might increase frivolous litigation and/or punitive damages as a result of ambiguous record-keeping and other technical requirements. In addition, they are concerned that it would force employers to offer health plan coverage of all treatments for genetically-related conditions.^[13]^[14]

According to The Boston Globe, Senator Tom Coburn, had blocked passage of the GINA, objecting to provisions in the bill that allow discrimination based on genetic information from embryos and fetuses. Recently, the embryo loophole was closed, and Tom Coburn reevaluated his opposition to the bill.^[15] Senator Coburn has placed 86 holds on other bills. However, he voted in favor of an earlier version of GINA which passed unanimously in the Senate in 2005. By April of 2008, Senator Coburn lifted his hold on the bill after some provisions of GINA were changed.

While GINA has been cited as a strong step forward, some say that the legislation does not go far enough in enabling personal control over your genetic testing results.^[16]