US expected to ban use of genetic tests by insurers and employers 4/6/03. By the Public Health Genetics Unit US Senate Committee approves new bill on genetics, insurance and employment.

The US Senate Committee on Health, Education, Labor and Pensions has approved a bill that would prohibit insurers from using genetic test information in deciding whether to offer insurance coverage to an applicant, or in setting premiums. Employers would not be allowed to use genetic test information in recruitment or in dealing with issues such as promotion.

The Bush administration has indicated that it supports the legislation, which still has to be passed by the House of Representatives before it becomes federal law.

The rationale for the legislation, which follows several years of wrangling in Congress, is that it will remove any fear of discrimination that may be preventing people from deciding to take genetic tests that could be of clinical benefit to them. Those who oppose the legislation argue that, apart from a few isolated cases and some anecdotal evidence, there is little indication that insurers or employers are using genetic test information to discriminate unfairly against people. They also argue that the legislation creates a dangerous precedent in that it violates the fundamental principle of equality of information on which mutual or risk-rated insurance is based.

At present the effect of this legislation on insurance companies is likely to be very small, as the diseases for which highly predictive genetic tests are available are generally rare. Insurers in general are more concerned with retaining the right to use family history information, which they regard as an important indicator of risk for common disease.

Article courtesy of the Public Health Genetics Unit .