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GINA Keeps Discrimination Out of Genetic Info

Using an individual’s genetic coding information to determine a patient’s inherited tendencies toward certain diseases and medical conditions may mean earlier detection and more effective treatments for common diseases such as cancer and diabetes. Using this knowledge might even mean disease prevention when lifestyle changes or modifications seem likely to make a difference.

In spite of the enormous potential benefit of using genetically coded information for medical treatment, the prospect has been met with resistance as privacy advocates express the fear that this information can lead to discrimination on the job as well as when applying for medical insurance coverage.

On May 21, however, President George W. Bush signed a bill that establishes GINA (the Genetic Information Nondiscrimination Act), which provides protection against workplace and insurance discrimination for all Americans. The GINA legislation passed the US Senate with a unanimous vote for approval and won a 414-1 victory in the US House of Representatives.

The protections provided under GINA are expected to begin in about 12 months for medical insurance coverage and in about 18 months for employment protection.

In essence, GINA provides these three key measures of protection:

• Insurance companies are prohibited from using a person’s genetic information to deny, cancel, or charge more for coverage based on genetic information. They are also prohibited from purchasing, requesting, or requiring genetic test results and cannot disclose any personal data based on genetics.
• Medigap policy providers cannot alter prices or conditions based upon genetic information and they, too are prohibited from purchasing, requesting, or requiring genetic test results and cannot disclose any personal data based on genetics.
• Employers, employment agencies, and labor organizations cannot fire, refuse to hire, or extend any other form of discrimination or workforce action due to an employee’s genetic information. They, too, are prohibited from purchasing, requesting, or requiring genetic test results and cannot disclose any personal data based on genetics.

Source: Coalition for Genetic Fairness

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