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Genetic Information and Health Insurance: State Legislative Approaches

Published online by Cambridge University Press:  01 January 2021

Karen H. Rothenberg
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Extract

We may create a catch-22 so that only people who are unlikely to need health insurance can afford it.... Genetic risk testing is important because it exposes the logic of a system that provides access to health insurance to those least likely to need it.

Type
Article
Information
Journal of Law, Medicine & Ethics , Volume 23 , Issue 4 , Winter 1995 , pp. 312 - 319
Copyright
Copyright © American Society of Law, Medicine and Ethics 1995

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References

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This is not to imply that fear of genetic discrimination is not an issue in the life and disability income insurance context as well. However, this article, like most legislative approaches to date, focuses on health insurance. But see Ariz. Rev. Stat. Ann. § 20-448 (1989); and Mont. Code Ann. § 33-18-206 (1991) (life and disability insurance).Google Scholar
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See, for example, the Health Insurance Reform Act of 1995 (S. 1028), introduced by Senator Kassebaum on July 13, 1995. The Labor and Human Resources Committee on Senate Bill 1028 did state, however, that genetic information is to be included in its prohibitions against denying coverage based on health status or medical history. The Clinton administration's proposal for health care reform did prohibit limiting access or coverage on the basis of “existing medical conditions or genetic predisposition to medical conditions.” Id. (citing the Health Security Act, § 1516, S. 1757/H.R. 3600).Google Scholar
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Id. Furthermore, legislation should provide enforcement mechanisms, including civil and criminal liability, to assure that insurance entities comply with these provisions. For example, as noted earlier, California provides that negligent and willful disclosure of genetic test results without authorization is subject to civil and criminal liability. Cal. Ins. Code § 10147(b) (1994).Google Scholar
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