Senate Says Genetic Information Is Off Limits

Medical ethicists will be debating the social and economic ramifications of genetic information for a long time to come, but legislators have stepped up to the plate in deciding employers right to use individuals' genetic information in hiring and firing decisions and in providing health coverage.

The Senate passed The Genetic Information Nondiscrimination Act (GINA), which prohibits group health plans or issuers of individual health policies from using genetic information in the determination of eligibility for coverage or adjusting premiums based on genetic information. It also prevents employers from discriminating against workers on the basis of genetic information in hiring and firing decisions and in compensation-related areas. Under the Act, neither insurers nor employers are permitted to request, require, or purchase genetic information.

GINA, however, doesn't prohibit discrimination once someone already has a disease, The New York Times points out.

The legislation has received support from the majority of Democrats and Republicans alike -- and from most health insurers. The President, who supported the Senate legislation, is expected to sign the bill and is also likely to sign a similar bill that passed the House last month.

GINA supporters argue that legislation is necessary because everyone has genetic anomalies that could be used against them, impeding access to medication and health insurance and even job opportunities. In addition, they cite the potential for misuse of genetic information (genetic testing is in its infancy so the potential for misuse makes the mind reel).

But some business groups that are GINA detractors, including the U.S. Chamber of Commerce, a business lobbying group, have strong arguments of their own. They fear that the legislation is overly broad and wouldn't do much to rectify inconsistent state laws. The New York Times reports that some 35 states have laws against genetic discrimination in employment and 47 have laws prohibiting discrimination in health insurance. The laws vary widely and it's not clear whether the new federal law would take precedence.

Existing federal law already prohibits group insurance plans from discriminating against an individual based on genetic information, which makes for even murkier waters.

GINA critics also speculate that it could lead to an increase in frivolous litigation resulting from record-keeping snafus and other technical requirements. But perhaps their biggest concern is that the legislation could require employers to offer coverage for treatments of genetically-related illnesses.

Advances in genetic medicine can greatly benefit humanity but they open a Pandora's Box of societal issues. Science is the tail that wags the dog.